High v. Carolina Central Railroad
Supreme Court of North Carolina
ActioN, tried at Fall Term, 1892; of BladjcN Superior Court, before Winston, J. The action was brought by plaintiff to recover damages alleged; to have resulted by reason of defendant’s negligence.
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ActioN, tried at Fall Term, 1892; of BladjcN Superior Court, before Winston, J. The action was brought by plaintiff to recover damages alleged; to have resulted by reason of defendant’s negligence. The following issues were submitted to the jury by consent: 1. Was the plaintiff injured by the negligence of defendant as alleged? 2. Did plaintiff by her own negligence contribute to the injury? 3. Did plaintiff execute the release set out in the answer? 4. If plaintiff executed the release, did she understand the meaning and effect of it? 5. What damage, if any, is the plaintiff' entitled to?…
1Opinion of the Court
Avery, J.:
This case is governed by the principle laid down in McAdoo v. Railroad, 105 N. C., 140. Where an engineer sees, on the track in front of the engine which he is moving, a person walking or standing, whom he does not know at all, or who is known by him to be in full possession of his senses and faculties, the former is justified in assuming, up to the last moment, that the latter will step off the track in time to avoid injury, and if such person is injured the law imputes it to his own negligence, and holds the railroad company blameless. Meredith v. Railroad, 108 N. C., 616; Norwood…
2Cases cited5 opinions
- Deans v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Bullock v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Clark v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1891
- Meredith v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
- Norwood v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1892
3Cited by46 opinions
- Neal v. . R. R.Supreme Court of North Carolina · 1900
- Beach v. Southern Railway Co.Supreme Court of North Carolina · 1908
- Neal v. Carolina Central RailroadSupreme Court of North Carolina · 1900
- Strickland v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1908
- Davis v. . R. R.Supreme Court of North Carolina · 1924
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