Legal Opinion

Lassiter v. Railroad Co.

Supreme Court of North Carolina

Decided September 27, 1904PublishedCited by 28 opinions

ActioN by H. C. Lassiter, administrator, against tbe Norfolk and Carolina Eailroad Company, beard by Judge W. B. Council, at March Term, 1904, of tbe Superior Court of NoRti-iampton County. From a judgment for tbe defendant tbe plaintiff appealed.

1Opinion of the Court

The complaint is a sufficient statement of the facts constituting a cause of action (if the death had occurred in this State) for negligently causing the death of plaintiff's intestate by ordering him to go between cars not equipped with improved couplers to uncouple said cars, in obeying which order he was run over and killed. The defendant demurred on the ground that the complaint disclosed that "the intestate came to his death in the State of Virginia by reason (90) of the alleged wrongful acts of the defendant, but does not allege that an action for wrongful death may be maintained in…

2Cases cited15 opinions

  1. Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
  2. Northern Pacific Railroad v. BabcockSupreme Court of the United States · 1894
  3. James v. JamesTexas Supreme Court · 1891
  4. Peet & Co. v. HatcherSupreme Court of Alabama · 1895
  5. Wickersham v. JohnstonCalifornia Supreme Court · 1894

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3Cited by28 opinions

  1. Howard v. . HowardSupreme Court of North Carolina · 1931
  2. Reilly v. Antonio Pepe Co.Supreme Court of Connecticut · 1928
  3. Wyatt v. North Carolina Equipment CompanySupreme Court of North Carolina · 1960
  4. Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1908
  5. Tieffenbrun v. . FlannerySupreme Court of North Carolina · 1930

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