Enloe v. Southern Railway Co.
Supreme Court of North Carolina
Appeal by plaintiff from Bay, J., at tbe June Term, 1919, of Buu-COMBE. This is an action to recover damages for negligence resulting in the death of Lloyd Enloe, a fireman who was killed while at his post of duty and employed by the Southern Kailway Company. Plaintiff’s intestate was killed about 12 o’clock m., on 9 May, 1917, at a point on the line of the Southern Eailway Company about 300 yards west of Lake Junaluska Station in Haywood County.
Read the full summary
Appeal by plaintiff from Bay, J., at tbe June Term, 1919, of Buu-COMBE. This is an action to recover damages for negligence resulting in the death of Lloyd Enloe, a fireman who was killed while at his post of duty and employed by the Southern Kailway Company. Plaintiff’s intestate was killed about 12 o’clock m., on 9 May, 1917, at a point on the line of the Southern Eailway Company about 300 yards west of Lake Junaluska Station in Haywood County. The deceased was twenty-one years of age, and the sole support of his mother and five small brothers and sisters. At the time of his death he was…
1DissentClark, C. J.
The plaintiff’s intestate was killed while on duty as a fireman on the second engine of a double-header train. He was 21 years of age, and the sole support of his mother and five small brothers and sisters. He was killed in the derailment of the engine, which is prima facie proof of negligence on the part of the company, and it was error to enter a nonsuit if the evidence upon the most favorable aspect thereof, or with the inferences which could be drawn therefrom by a jury, did not as a matter of law rebut the presumption of negligence.
In Marcom v. R. R., 126 N. C., 200, it was held: “Where…
2Cases cited12 opinions
- Pickett v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1895
- Lloyd v. Albemarle & Raleigh R. R.Supreme Court of North Carolina · 1896
- Wilson v. Norfolk & Southern RailroadSupreme Court of North Carolina · 1884
- Marcom v. Raleigh & Augusta Air Line RailroadSupreme Court of North Carolina · 1900
- Moore v. Electric Co.Supreme Court of North Carolina · 1904
7 more not listed; retrieve them via the Exa API.