Legal Opinion

Reid v. Railroad

Supreme Court of North Carolina

Decided November 28, 1905PublishedCited by 12 opinions

ActioN by James Eeid, Administrator of Lula Eeid, against the Atlanta & Charlotte Air Line Eailway Company, heard bj Judge O. M. Ooohe and a jury, at the October Term, 1905, of the Superior Court of Mecklenburg. This was an action for wrongfully and negligently causing the death of plaintiff’s intestate.

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ActioN by James Eeid, Administrator of Lula Eeid, against the Atlanta & Charlotte Air Line Eailway Company, heard bj Judge O. M. Ooohe and a jury, at the October Term, 1905, of the Superior Court of Mecklenburg. This was an action for wrongfully and negligently causing the death of plaintiff’s intestate. The usual issues in such cases were submitted. . There was evidence to the effect that on or about February 24, 1905, about 8 o’clock at night, the plaintiff’s intestate was run over and killed by an engine of the defendant; and there was evidence tending to show that at the time of the…

1Opinion of the CourtHoke, J.

The charge of the judge below was full and clear. The jury have accepted the plaintiff’s version of the occurrence, and there is no error presented which gives the defendant any just ground of complaint.

The court in substance told the jury that where an engine was backing on a crossing in the night time, it was the duty of the engineer to sound adequate warning and to keep a man with a light at the front-of the engine as it was moving, so as to keep a lookout adequate for safety; and if there was a failure in this respect, and an injury resulted, there would be a negligent breach of duty; and…

2Cases cited3 opinions

  1. Purnell v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1898
  2. Lloyd v. Albemarle & Raleigh R. R.Supreme Court of North Carolina · 1896
  3. Stanley v. Durham & Northern RailroadSupreme Court of North Carolina · 1897

3Cited by12 opinions

  1. Ray v. RailroadSupreme Court of North Carolina · 1906
  2. Farris v. Southern Railway Co.Supreme Court of North Carolina · 1909
  3. Caudle v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1932
  4. Edge v. . R. R.Supreme Court of North Carolina · 1910
  5. Edge v. Atlantic Coast Line Railway Co.Supreme Court of North Carolina · 1910

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