Sherrill v. Railroad
Supreme Court of North Carolina
ActioN for personal injuries caused by alleged negligence of defendant, heard by Judge, W. B. Gouncill and a jury, at May Term, 1905, of the Superior Court of Catawba. The ordinary issues were raised by the pleadings. There was evidence tending to show that the plaintiff was at the time of the injury engaged in superintending the con-* struetion of a union depot at Helena, Ga., for the defendant and. the Seaboard Air Line Railway Companies.
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ActioN for personal injuries caused by alleged negligence of defendant, heard by Judge, W. B. Gouncill and a jury, at May Term, 1905, of the Superior Court of Catawba. The ordinary issues were raised by the pleadings. There was evidence tending to show that the plaintiff was at the time of the injury engaged in superintending the con-* struetion of a union depot at Helena, Ga., for the defendant and. the Seaboard Air Line Railway Companies. The tracks of the two railroads crossed each other at right angles and the depot was being constructed in one of the angles and within a few feet of the…
1Opinion of the Court
Hoke, J.,
after stating the case: We have held in Cooper v. Railroad, at this term, that one who enters on a public railroad crossing is required to look and listen, and when he fails in this duty and is injured in consequence, the view being unobstructed, under all ordinary conditions such person is guilty of contributory negligence. It is further held that negligence having been first established, facts and attendant circumstances may so qualify this obligation to look and listen, as to require the question of contributory negligence to be submitted to the jury, and in some instances the…
2Cases cited5 opinions
- Erickson v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1889
- Jennings v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1892
- Laverenz v. C., R. I. & P. R.Supreme Court of Iowa · 1881
- Nixon v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1892
- Smith v. Atlanta & Charlotte Air Line Railway Co.Supreme Court of North Carolina · 1903
3Cited by22 opinions
- Ray v. RailroadSupreme Court of North Carolina · 1906
- Trull v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1909
- Fann v. . R. R.Supreme Court of North Carolina · 1911
- Farris v. Southern Railway Co.Supreme Court of North Carolina · 1909
- Davis v. . R. R.Supreme Court of North Carolina · 1924
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