Burton v. Wilmington & Weldon Railroad
Supreme Court of North Carolina
Civil ActioN for Damages removed from Halifax and tried at Spring Term, 1879, of NORTHAMPTON Superior Court, before Eure, J. This action was brought under Bat. Rev., eh. 45, §§ 121, 122, 123, to recover damages for the pecuniary injury resulting from the death of Edward Conigland, (intestate of plaintiff) alleged to have been caused by the negligence of the defendant company.
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Civil ActioN for Damages removed from Halifax and tried at Spring Term, 1879, of NORTHAMPTON Superior Court, before Eure, J. This action was brought under Bat. Rev., eh. 45, §§ 121, 122, 123, to recover damages for the pecuniary injury resulting from the death of Edward Conigland, (intestate of plaintiff) alleged to have been caused by the negligence of the defendant company. The statement of the case of appeal, sent up with the record proper, states that no' special requests for instructions to the jury on the part of the defendant were refused, and that no exception was taken to any…
1Opinion of the Court
Dillard, J.,
after stating the case. It seems to us the evidence was properly received by the court. The action, though not allowable at common law, is authorized by statute in our state, wherein it is permitted to be brought by and in the name of the personal representative of the deceased, and the amount recovered is directed to be disposed of according to the statute of distributions of personal property in cases of intestacy. In assessing . the damages, the jury in the terms of the act are restricted to such as they shall deem fair and just, with reference to the pecuniary injury resulting…
2Cases cited4 opinions
- Railroad Co. v. BarronSupreme Court of the United States · 1867
- Chicago & Rock Island Railroad v. MorrisIllinois Supreme Court · 1861
- Jeremiah M. Kesler v. . William A. SmithSupreme Court of North Carolina · 1872
- Baltimore & Ohio R. R. v. State ex rel. KellyCourt of Appeals of Maryland · 1866
3Cited by6 opinions
- McGowan v. St. Louis Ore & Steel Co.Supreme Court of Missouri · 1891
- Poe v. RailroadSupreme Court of North Carolina · 1906
- Branton v. . O'BriantSupreme Court of North Carolina · 1885
- Burns v. Ashboro & Montgomery RailroadSupreme Court of North Carolina · 1899
- Massey v. North Carolina RailroadSupreme Court of North Carolina · 1915
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