Legal Opinion · Dissent

Mercer v. . Powell

Supreme Court of North Carolina

Decided December 20, 1940PublishedCited by 21 opinions

1DissentSeawell, J.

CLARKSON and DEVIN, JJ., concur in dissent. Civil action for recovery of damage for alleged wrongful death. C. S., 160-161.

Plaintiff alleges that the intestate A. H. Mercer was killed on the early morning of 10 July, 1937, at around 3 o'clock, when an engine and train of defendants, and operated by G.S. Stephenson, engineer, ran over him at or near a point some three miles east of Laurinburg, known as Southerland Crossing, and that his death "was caused by the negligence and carelessness of the defendant receivers, and their said engineer, in that while plaintiff's intestate was in a…

2Cases cited29 opinions

  1. State v. . JohnsonSupreme Court of North Carolina · 1930
  2. State v. . PrinceSupreme Court of North Carolina · 1921
  3. Redmon v. . R. R.Supreme Court of North Carolina · 1928
  4. Poovey v. International Sugar Feed No. Two Co.Supreme Court of North Carolina · 1926
  5. Henderson v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1912

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3Cited by21 opinions

  1. Ingram v. . Smoky Mountain Stages, Inc.Supreme Court of North Carolina · 1945
  2. Mitchell v. . MeltsSupreme Court of North Carolina · 1942
  3. Lane v. BryanSupreme Court of North Carolina · 1957
  4. Wade Ex Rel. Wade v. Jones Sausage Co.Supreme Court of North Carolina · 1954
  5. Mattingly v. NORTH CAROLINA RAILROAD COMPANYSupreme Court of North Carolina · 1961

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