Bradley v. Ohio River & Charleston Railway Co.
Supreme Court of North Carolina
Civil AotioN for damages for occasioning, through, negligence, the death of intestate, Mrs. Sarah J. Kanipe, tried before Allen, J., at August Term^'1899, of McDowell Superior Opnrt, upon these issues: 1. Was the intestate negligently killed by the defendant railway company in failing to give timely signals before backing its car on crossing? Answer.
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Civil AotioN for damages for occasioning, through, negligence, the death of intestate, Mrs. Sarah J. Kanipe, tried before Allen, J., at August Term^'1899, of McDowell Superior Opnrt, upon these issues: 1. Was the intestate negligently killed by the defendant railway company in failing to give timely signals before backing its car on crossing? Answer. “Yes.” 2. Was intestate negligently killed by defendant railroad company by backing its car on crossing without keeping reasonable and proper lookout? Answer. “Yes.” 3. Was intestate of plaintiff negligently killed by the defendant railway…
1Opinion of the CourtClark, J.
The plaintiff’s intestate, Mrs. Kanipe, was a passenger on the defendant’s road, who had just gotten off the train at Henrietta station. She took passage on the hack of one Higgins to go to Henrietta Mills. It was necessary to cross the railroad track a few yards in rear of the train from which she had just alighted. The train backed, but was concealed from view by a line of box cars on a side track, and the backing train ran over the hack, killing Mrs. Kanipe. The jury found that the intestate was killed by the negligence of the defendant in backing its cars on the crossing, without giving…
2Cases cited16 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Railroad Co. v. JonesSupreme Court of the United States · 1877
- Little v. HackettSupreme Court of the United States · 1886
- Russell v. Carolina Central R. R.Supreme Court of North Carolina · 1896
- Kay v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1870
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- Johnson v. . R. R.Supreme Court of North Carolina · 1913
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- Deans v. . R. R.Supreme Court of North Carolina · 1890
- Farris v. Southern Railway Co.Supreme Court of North Carolina · 1909
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