Zachary v. North Carolina Railroad
Supreme Court of North Carolina
Appeal from Daniels, J., at February Term, 1911, of Guil-ford. Tbe action is brought to recover damages for tbe negligent killing of Herbert H. Burgess, a fireman in tbe employment of tbe Southern Eailway Company, tbe lessee of tbe defendant, at Selma, N. 0., 29 April, 1909. These issues were submitted to tbe jury: 1. Was tbe intestate1 of tbe plaintiff killed by tbe negligence of tbe lessee of tbe defendant, as alleged in tbe complaint? Answer: Yes. 2. Did tbe intestate of…
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Appeal from Daniels, J., at February Term, 1911, of Guil-ford. Tbe action is brought to recover damages for tbe negligent killing of Herbert H. Burgess, a fireman in tbe employment of tbe Southern Eailway Company, tbe lessee of tbe defendant, at Selma, N. 0., 29 April, 1909. These issues were submitted to tbe jury: 1. Was tbe intestate1 of tbe plaintiff killed by tbe negligence of tbe lessee of tbe defendant, as alleged in tbe complaint? Answer: Yes. 2. Did tbe intestate of tbe plaintiff contribute to bis death by bis own negligence? Answer: No. 3. What amount, if any, is tbe plaintiff…
1Opinion of the CourtBrown, J.
There are twenty-three assignments of error in tbe record, none of them relating to tbe reception or rejection of evidence. These assignments present for consideration tbe three principal contentions of tbe defendant:
1. That tbe act of Congress of 22 April, 1908, known as tbe Federal Employees’ Liability Act, applies, and that tbe cause should have been determined under tbe provisions of that act.
2. That there is no sufficient evidence of negligence.
3. That in any view of tbe evidence, tbe intestate was guilty of such, contributory negligence as under the law of this State bars recovery.
Does…
2Cases cited12 opinions
- The Employers'liability CasesSupreme Court of the United States · 1908
- Purnell v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1898
- Shoner v. Pennsylvania Co.Indiana Supreme Court · 1891
- Ray v. RailroadSupreme Court of North Carolina · 1906
- Baltimore & Ohio Southwestern Railway Co. v. PetersonIndiana Supreme Court · 1901
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3Cited by9 opinions
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- Wolfe v. . R. R.Supreme Court of North Carolina · 1911
- Inge v. . R. R.Supreme Court of North Carolina · 1926
- Smith v. . R. R.Supreme Court of North Carolina · 1903
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