Legal Opinion · Dissent

Harrill v. Railroad Co.

Supreme Court of North Carolina

Decided May 27, 1904PublishedCited by 5 opinions

ActioN by R. N. ITarrill against tbe South Carolina and Georgia Extension Railroad Company, beard by Judge B. F. Long and a jury, at September Term, 1901, of tbe Superior Court of Rutherford County. Eróm a judgment for tbe plaintiff tbe defendant appealed.

1DissentMontgomery, J.

The plaintiff alleged that his intestate, Jake Metcalf, was, on and before April 20, 1901, employed by the defendant as a locomotive engineer, and was on said day engaged in running an engine carrying cars from Blacksburg, S.C., to Marion, N.C. That while so engaged he was killed by the falling of a bridge or trestle, being a part of defendant's track over Buffalo Creek in South Carolina. That said trestle was on said day, by reason of defendant's negligence, in a defective and dangerous condition and by reason thereof gave way and fell, causing the death of his intestate. Defendant denied…

2Cases cited4 opinions

  1. Bodie v. Charleston & Western Carolina Ry. Co.Supreme Court of South Carolina · 1901
  2. Rocky Mount Mills v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1896
  3. Hart v. . the Rensselaer and Saratoga Rail Road Co.New York Court of Appeals · 1853
  4. Bradley v. O. R. & C. Ry. Co.United States District Court · 1897

3Cited by5 opinions

  1. Louisville & Nashville R. R. v. AbernathySupreme Court of Alabama · 1916
  2. Clayton v. Enterprise Electric Co.Oregon Supreme Court · 1916
  3. Cannaday v. RailroadSupreme Court of North Carolina · 1906
  4. Tise v. Town of ThomasvilleSupreme Court of North Carolina · 1909
  5. Cannaday v. RailroadSupreme Court of North Carolina · 1906

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