Harrison v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal by defendant from Bond, J., at November Term, 1914, of N ORTHAMPTON. Civil action tried upon these issues: 1. Was C. H. Harrison killed by tbe negligent running of tbe defendant’s engine, as alleged in tbe complaint? Answer: “Yes.” 2. Was there contributory negligence on bis part? Answer: “Yes.” 3. After said C. H. Harrison put himself in peril, might the killing have been avoided by tbe exercise of proper care and prudence on tbe part of tbe defendant company’s…
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Appeal by defendant from Bond, J., at November Term, 1914, of N ORTHAMPTON. Civil action tried upon these issues: 1. Was C. H. Harrison killed by tbe negligent running of tbe defendant’s engine, as alleged in tbe complaint? Answer: “Yes.” 2. Was there contributory negligence on bis part? Answer: “Yes.” 3. After said C. H. Harrison put himself in peril, might the killing have been avoided by tbe exercise of proper care and prudence on tbe part of tbe defendant company’s engineer? Answer: “Yes.” 4. What damage, if any, is plaintiff entitled to recover of defendant? Answer: “$1,000.” From tbe…
1Opinion of the CourtBrown, J.
Tbe complaint alleges that plaintiff’s intestate was killed by tbe negligence of defendant’s engineer on tbe trestle crossing Fountain Creek in tbe State of Virginia; that tbe intestate was in a helpless (Condition on tbe track crossing tbe said creek; that a north-bound train was approaching and tbe engineer failed to keep a proper lookout, so that tbe engine ran against or over tbe intestate and killed him.
Tbe defendant denied that its train struck or killed Harrison, and set up that tbe injury, if it occurred, was in tbe State of Virginia, and to be governed by tbe law of Virginia, and…
2Cases cited11 opinions
- Hortenstein v. Virginia-Carolina Railway Co.Supreme Court of Virginia · 1904
- Southern Railway Co. v. BaileySupreme Court of Virginia · 1910
- Seaboard & Roanoke Railroad v. Joyner's Adm'rSupreme Court of Virginia · 1895
- Henderson v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1912
- Kyles v. Southern Railway Co.Supreme Court of North Carolina · 1908
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Howard v. . HowardSupreme Court of North Carolina · 1931
- Childress v. Johnson Motor Lines, Inc.Supreme Court of North Carolina · 1952
- Wise v. . HollowellSupreme Court of North Carolina · 1933
- Lowe's North Wilkesboro Hardware, Inc. v. The Fidelity Mutual Life Insurance CompanyCourt of Appeals for the Fourth Circuit · 1963
- Harper v. . Harper and Wickham v. . HarperSupreme Court of North Carolina · 1945
16 more not listed; retrieve them via the Exa API.