Ward v. North Carolina Railroad
Supreme Court of North Carolina
Appeal by defendant from C.oolce, J., at June Term, 1912, of Guilford. Civil action. Tbe action was instituted by plaintiff, admin-istratrix of James Ward, deceased, to recover damages for tbe alleged negligent killing of ber intestate in tbe city of TIigb Point on 22 October, 1909, while loading a printing outfit into one of tbe cars on tbe team track of tbe defendant company.
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Appeal by defendant from C.oolce, J., at June Term, 1912, of Guilford. Civil action. Tbe action was instituted by plaintiff, admin-istratrix of James Ward, deceased, to recover damages for tbe alleged negligent killing of ber intestate in tbe city of TIigb Point on 22 October, 1909, while loading a printing outfit into one of tbe cars on tbe team track of tbe defendant company. On tbe ordinary issues in sucb action, as to negligence, contributory negligence, and damages, there was verdict for plaintiff. Judgment on tbe verdict, and defendant excepted and appealed. '
1Opinion of the CourtHoke, J.
It was chiefly urged for error that the court refused defendant’s motion for nonsuit under the statute.
There was evidence on the part of the plaintiff tending to show that on 22 October, 1909, plaintiff’s intestate and five others, including the driver of the team, were engaged in loading a printing outfit into a car of defendant company placed upon the “team track” near the freight station in the city of High Point, and for that purpose the wagon had been backed up against the car, that particular load consisting of two large “imposing stones,” stone slabs 6 to 7 feet long, 3% feet wide and…
2Cases cited12 opinions
- Harton v. . Telephone Co.Supreme Court of North Carolina · 1906
- Drum v. MillerSupreme Court of North Carolina · 1904
- Ramsbottom v. . RailroadSupreme Court of North Carolina · 1905
- Jarrett v. High Point Trunk & Bag Co.Supreme Court of North Carolina · 1907
- Hudson v. RailroadSupreme Court of North Carolina · 1906
7 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Ramsbottom v. . RailroadSupreme Court of North Carolina · 1905
- Balcum v. . JohnsonSupreme Court of North Carolina · 1919
- Hinnant v. Tidewater Power Co.Supreme Court of North Carolina · 1924
- Carpenter v. Asheville Power & Light Co.Supreme Court of North Carolina · 1926
- Price v. GraySupreme Court of North Carolina · 1957
22 more not listed; retrieve them via the Exa API.