Forbes v. Atlantic & North Carolina Railroad
Supreme Court of North Carolina
Negligence— Failure of Sail Road Company to Provide Brahes — Injury to Stoeh — Contributory Negligence. Civil Action to recover Damages of the defendant Company for killing two mules belonging to the plaintiff, tried at Eall Term, 1876, of CRAVEN Superior Court, before Seymour, J. The defendant admitted that the mules were killed by a-freight train as alleged, but insisted that the accident was-unavoidable.
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Negligence— Failure of Sail Road Company to Provide Brahes — Injury to Stoeh — Contributory Negligence. Civil Action to recover Damages of the defendant Company for killing two mules belonging to the plaintiff, tried at Eall Term, 1876, of CRAVEN Superior Court, before Seymour, J. The defendant admitted that the mules were killed by a-freight train as alleged, but insisted that the accident was-unavoidable. The engineer of the train testified that the mules came on. the track from an old road which crossed the railroad about 300 yards ahead of the locomotive; that the train was running at the…
1Opinion of the CourtReade, J.
The statute makes tbe mere fact of injuring, cattle by a railroad prima facie evidence of neglect, provided, suit is commenced in six months ; so that tbe case has to be considered with that disadvantage to the defendant.
*456In order to remove that burden the defendant offered evidence tending to show that the mules of the plaintiff came upon the road suddenly at a place where they could not have been seen before they came upon it, and that the train was so near to them that it could not be stopped before it had killed them, although the servants on the train blew the alarm whistle and put down…
2Cited by1 opinion
- Winston v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1884