Hough v. Southern Railway Co.
Supreme Court of North Carolina
MotioN for removal of cause to the Federal Court, beard by Coolc, J., at the February Term, 1907, of the Superior Court of BuNcombe County. This action was brought to recover damages for the death of plaintiffs intestate, 'which is alleged to have been caused by the negligence of the defendants. The intestate was killed in a wreck resulting from the collision of two trains which were moving in opposite directions on the road of the railway company.
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MotioN for removal of cause to the Federal Court, beard by Coolc, J., at the February Term, 1907, of the Superior Court of BuNcombe County. This action was brought to recover damages for the death of plaintiffs intestate, 'which is alleged to have been caused by the negligence of the defendants. The intestate was killed in a wreck resulting from the collision of two trains which were moving in opposite directions on the road of the railway company. The plaintiff alleges in her complaint that at the time of the collision the defendant W. C. Hudson was train dispatcher, the defendant L. D.…
1Opinion of the Court
Walker, J.,
after stating the case: This is an action in tort for causing the death of the plaintiff’s intestate by negligence. The defendant, the Southern Railway Company, was the master and its co-defendants servants of that corporation, and it is alleged that as such they owed a duty to- the intestate which they disregarded and neglected, and that their joint omission of that duty proximately resulted in his death, whereas if they had, while 'acting in co-operation and in a careful manner, as they should have done, in the discharge of the duty, each bestowing upon it that degree of care…
2Cases cited34 opinions
- Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
- Chicago, Rock Island & Pacific Railway Co. v. MartinSupreme Court of the United States · 1900
- Alabama Great Southern Railway Co. v. ThompsonSupreme Court of the United States · 1906
- Torrence v. SheddSupreme Court of the United States · 1892
- Chesapeake & Ohio Railway Co. v. DixonSupreme Court of the United States · 1900
29 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Brown v. Southern Railway Co.Supreme Court of North Carolina · 1932
- Pendleton v. Columbia Ry., G. E. Co.Supreme Court of South Carolina · 1926
- Godfrey v. Tidewater Power Co.Supreme Court of North Carolina · 1943
- Crisp v. Champion Fibre Co.Supreme Court of North Carolina · 1927
- Rea v. Standard Mirror Co.Supreme Court of North Carolina · 1911
38 more not listed; retrieve them via the Exa API.