Kimbrough v. Hines
Supreme Court of North Carolina
Appeal by defendant from Daniels, J., at March Term, 1920, of Waice. Plaintiff brought this action to recover damages for personal injuries sustained at Selma, N. 0., 27 January, 1919, as the result of a collision at a public crossing between the automobile which he was driving and a train on the track of the Atlantic Coast Line Railroad Company, which was being operated by the United States Railway Administration.
Read the full summary
Appeal by defendant from Daniels, J., at March Term, 1920, of Waice. Plaintiff brought this action to recover damages for personal injuries sustained at Selma, N. 0., 27 January, 1919, as the result of a collision at a public crossing between the automobile which he was driving and a train on the track of the Atlantic Coast Line Railroad Company, which was being operated by the United States Railway Administration. There was testimony on behalf of plaintiff that the .train was running at a speed of thirty or forty miles an hour; that no signal of approach to the crossing was given by whistle…
1ConcurrenceBeowN, J.
While I concur in granting a new trial, I am of opinion tbe motion to nonsuit should be granted.
It is well settled that where tbe facts necessary to constitute contributory negligence are established by tbe evidence of plaintiff, motion for judgment of nonsuit should be sustained. Keller v. Fiber Co., 157 N. C., 575. I think tbe motion should have been allowed in this ease.
Plaintiff testified that be could not see down tbe track on account of box cars; that be was looking right at tbe cars, and bad to go around tbe edge of tbe box cars, as they projected out two feet onto tbe road crossing.…
2Cases cited13 opinions
- Ely v. Pittsburgh, Cincinnati, Chicago & St. Louis RailwaySupreme Court of Pennsylvania · 1893
- Brommer v. Pennsylvania R.Court of Appeals for the Third Circuit · 1910
- Chase v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1911
- Philadelphia, Wilmington & Baltimore Railroad v. HogelandCourt of Appeals of Maryland · 1886
- New York Cent. & H. R. R. v. MaidmentCourt of Appeals for the Third Circuit · 1909
8 more not listed; retrieve them via the Exa API.