Meekins v. Norfolk & Southern Railroad
Supreme Court of North Carolina
ActioN by J. O. Meekins, administrator of John Jones, against the Norfolk and Southern Railroad Company, heard by Judge George A. Jones, at Sipring Term, 1902, of the Superior Court of Tybbeli, County. From a refusal to dismiss the action, the defendant appealed.
1Opinion of the CourtClark, J.
This was an action under The Code, See. 1498, for damages for the death of plaintiffs.intestate, caused by tillé wrongful act or neglect of the defendant. The original action was brought within one year from the death of the plaintiff’s intestate and a nonsuit was taken. Within one year after such nonsuit, but more than a year after the death of intestate, this action was begun. The defendant demurred ore tenus and moved to dismiss the action, and appealed from a refusal of its motion.
The C'ode, Sec. 166, provides: “If any action shall be commenced within the time prescribed therefor, and the…
2Cases cited3 opinions
- State v. . WyldeSupreme Court of North Carolina · 1892
- Best v. . Town of KinstonSupreme Court of North Carolina · 1890
- Clinard v. . White Co.Supreme Court of North Carolina · 1901
3Cited by25 opinions
- Brookshire v. BurkhartSupreme Court of Oklahoma · 1929
- Partee v. St. Louis & S. F. R. Co.Court of Appeals for the Eighth Circuit · 1913
- Trull v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1909
- Prevatt v. Harrelson.Supreme Court of North Carolina · 1903
- Hampton v. . Spinning CompanySupreme Court of North Carolina · 1930
20 more not listed; retrieve them via the Exa API.