Pippen & Gannon v. Wilmington, Columbia & Augusta Railroad
Supreme Court of North Carolina
This was a Civil ActioN, to recover damages for negligence, tried by his Honor, Judge Moore, at the Spring Term, 1876, of Edgecombe Superior Court.
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This was a Civil ActioN, to recover damages for negligence, tried by his Honor, Judge Moore, at the Spring Term, 1876, of Edgecombe Superior Court. The suit was brought to Fall Terra, 1873, of said Court, the plaintiffs alleging that on the 16th day of August of that year, two of their mules, worth five hundred dollars, were so damaged and injured by being run against by the cars of the defendant company, through the negligence of their servants and agents running and controlling said train, as to be totally worthless. The defendant company denied the material allegations of plaintiffs’…
1Opinion of the CourtByotjm, J.
The material facts as found by the referee, are “ that the mules were not seen by the defendants’ agents until the train was not more than thirty feet from them, when the said agents did all they could to stop the train by blowing on the brakes and reversing the engine — all done about the time the mules were struck. That at the place and time of the injury the mules might have been seen at least seventy-five yards in front, and the train could have been stopped within that distance. That the mules ran in front of the train two hundred and fifteen yards before they were struck.” It -was also…
2Cases cited1 opinion
- J. L. Battle v. . W. W. R. R.Supreme Court of North Carolina · 1872
3Cited by3 opinions
- Wilson v. Norfolk & Southern RailroadSupreme Court of North Carolina · 1884
- Baker v. Roanoke & Tar River RailroadSupreme Court of North Carolina · 1903
- Randall v. Richmond & Danville RailroadSupreme Court of North Carolina · 1889