Legal Opinion

Robert R. Carroll, Administrator of the Estate of Jimmie Alston Carroll v. Seaboard Air Line Railroad Company

Court of Appeals for the Fourth Circuit

Decided January 6, 1967No. 10506PublishedCited by 12 opinions

1Opinion of the Court

OREN R. LEWIS, District Judge:

The plaintiff’s intestate was killed when the automobile in which he was a passenger, which a sixteen-year-old brother was driving, collided with a Sea board train at a grade crossing near Eastbrook, North Carolina.

Suit for wrongful death was first commenced in the Superior Court of Brunswick County, North Carolina. The Honorable J. B. Craven, Jr., then a state judge, rendered judgment of nonsuit at the close of the plaintiff’s evidence. On appeal to the Supreme Court of North Carolina the judgment was affirmed (Carroll, Admr. v. Seaboard Air Line R. R. Co., 253…

2Cases cited5 opinions

  1. John Alan Appleman and Jean G. Appleman v. United StatesCourt of Appeals for the Seventh Circuit · 1964
  2. Pridgen v. . GibsonSupreme Court of North Carolina · 1927
  3. Martin K. Eby Construction Co., Inc. v. Sandra Lee Neely, by Her Legal Representative and Guardian, Cecile v. NeelyCourt of Appeals for the Tenth Circuit · 1965
  4. Charles S. Hunt v. Howard H. BradshawCourt of Appeals for the Fourth Circuit · 1958
  5. Carroll v. Seaboard Air Line RailroadSupreme Court of North Carolina · 1960

3Cited by12 opinions

  1. The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
  2. Pergerson v. WilliamsCourt of Appeals of North Carolina · 1970
  3. Smith v. BarryCourt of Appeals for the Fourth Circuit · 1993
  4. Smith v. BarryCourt of Appeals for the Fourth Circuit · 1993
  5. Frist v. Leatherwood, Walker, Todd & MannCourt of Appeals for the Fourth Circuit · 1970

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