Briley v. Atlantic Coast Line Railway Co.
Supreme Court of North Carolina
Appeal by plaintiff from 0. H. Allen, J., at Fall Term, 1912, of Pitt. Civil action. Tbe plaintiff sued to recover damages for injury alleged to bave ensued from negligence of defendant. Motion to nonsuit was sustained. Tbe plaintiff appealed. Tbe facts are sufficiently stated in tbe opinion of tbe Court by Mr. Justice Brown.
1Opinion of the CourtBeowN, J.
Tbe engine of defendant’s passenger train, for some unknown reason, careened slightly over tbe track crossing a trestle at Greenville, while running very slowly within tbe town limits. Tbe passengers did not know of tbe accident until informed by tbe conductor.
All tbe evidence shows tbe careening of tbe engine twisted tbe rails on one side. Tbe angle bars are pieces of steel bolted in tbe hollow of tbe rails and bolding ends of two rails together. Tbe twisting of tbe rails left tbe nuts of tbe bolts of angle bars next to tbe ground so they could not well be reached by a wrench. Tbe section…
2Cases cited8 opinions
- Martin v. Highland Park Mfg. Co.Supreme Court of North Carolina · 1901
- House v. Southern Railway Co.Supreme Court of North Carolina · 1910
- Raiford v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1902
- Noble v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1909
- Brookshire v. Asheville Electric Co.Supreme Court of North Carolina · 1910
3 more not listed; retrieve them via the Exa API.