Raines v. Southern Railway Co.
Supreme Court of North Carolina
Appeal by plaintiff from Webb, J., at February Term, 1915, of BttN-combe. The son of the plaintiff, who was named Bub Raines, was employed by the defendant as a member of the section crew on its line between Asheville, N. C., and Spartanburg, S. C., and at tbe time of tbe accident be bad been sent out to flag an approaching train. In attempting to do so, be was struck by tbe train and killed. At tbe time be was between 15 and 16 years old.
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Appeal by plaintiff from Webb, J., at February Term, 1915, of BttN-combe. The son of the plaintiff, who was named Bub Raines, was employed by the defendant as a member of the section crew on its line between Asheville, N. C., and Spartanburg, S. C., and at tbe time of tbe accident be bad been sent out to flag an approaching train. In attempting to do so, be was struck by tbe train and killed. At tbe time be was between 15 and 16 years old. "With reference to bis contributory negligence tbe court instructed tbe jury as follows: “If be sat down near the'track in a dangerous position — if you…
1Opinion of the Court
Walker, J.,
after stating tbe case: Tbe charge as to contributory negligence and damages was erroneous. If the plaintiff was young and inexperienced, and was not provided with the means of giving tbe signal, with due regard to bis own safety, and by reason thereof be was killed while in tbe exercise of that degree of care for bis own protection which *192a person of bis age, intelligence, and experience would ordinarily have given under tbe circumstances, be would not be guilty of contributory negligence. Ensley v. Lumber Co., 165 N. C., 687; Alexander v. Statesville, 105 N. C., 527. In tbe case…
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- American Railroad Co. of Porto Rico v. DidricksenSupreme Court of the United States · 1913
- Mangam v. . Brooklyn R.R. Co.New York Court of Appeals · 1868
- Robinson v. ConeSupreme Court of Vermont · 1850
- Edwards v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1901
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- Alexander v. . StatesvilleSupreme Court of North Carolina · 1914
- Vanderbilt v. ChapmanSupreme Court of North Carolina · 1917
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