Raper v. Wilmington & Weldon Railroad
Supreme Court of North Carolina
Civil ActtoN for damages for. occasioning the death ol intestate, W. II. Raper, by the defective and dangerous construction of its road at a- public crossing near Lucarna in Wilson County, N. C., tried before Moore, J., at May Term, 3899, of WilsoN Superior Court.
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Civil ActtoN for damages for. occasioning the death ol intestate, W. II. Raper, by the defective and dangerous construction of its road at a- public crossing near Lucarna in Wilson County, N. C., tried before Moore, J., at May Term, 3899, of WilsoN Superior Court. There was evidence tending to show that on March 20, 1897, the plaintiff’s intestate on his way home from Lucarna, about 10 o’clock at night at a public crossing got his font caught and held fast between a T iron and guard-rail, and was run over by defendant’s train and instantly killed. The negligent, defective and dangerous…
1Opinion of the CourtDouglas, J.
This is an action brought by the plaintiff for the recovery of damages for the alleged negligent killing of his intestate. The testimony tended to show that the plaintiff’s intestate was killed at a point on the defendant’s track where it crossed the public highway, at which point a guard-rail had been placed upon the cross-ties and attached to them, curving at each end, being about two and one-half inches at center from the rail on the main traok. The guardrail was shivered at a point about one foot from where the shoe worn by plaintiff’s intestate was found wedged in between the guard-rail…
2Cases cited2 opinions
- Bullock v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Tankard v. Roanoke Railroad & Lumber Co.Supreme Court of North Carolina · 1895
3Cited by16 opinions
- Britt v. Carolina Northern RailroadSupreme Court of North Carolina · 1908
- Atlantic Coast Line Railroad v. State Highway CommissionSupreme Court of North Carolina · 1966
- Edwards v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1901
- Norfolk Southern Ry. Co. v. Davis Frozen Foods, Inc.Court of Appeals for the Fourth Circuit · 1952
- Parrish v. . R. R.Supreme Court of North Carolina · 1942
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