Wright v. Caney River Railway Co.
Supreme Court of North Carolina
Appeal from J. 8. Adams, J., June Term, 1909, of Yaitcey. Civil action, to recover damages for tbe wrongful killing of Turner Wright, deceased.
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Appeal from J. 8. Adams, J., June Term, 1909, of Yaitcey. Civil action, to recover damages for tbe wrongful killing of Turner Wright, deceased. The action was instituted by Cornelia Wright, as administra-trix of Turner Wright, deceased, on 1 August, 1907, against the Caney Eiver Eailway Company, O. J. Morrow, trustee for creditors of the Wood-Galloway Company, operating the road at the time, under a sub-lease, and William Whitmer & Sons, Incorporated, original lessee of defendant road and one of the principal creditors of the Wood-Galloway Company; and there was evidence to show that on 13…
1Opinion of the Court
Hoke, J.,
after stating tbe case: Tbe defendant company was organized under a charter conferring tbe power of eminent domain and tbe privilege of constructing tramways, railways, etc., for the transportation of passengers and freight, including logs, lumber, timber, etc.; and while its chief purpose was, no doubt, to exploit certain timber lands and market tbe timber growing Ihereon, for all purposes relevant to the present inquiry it is considered and held as a railroad and subject to the regulations and liabilities affecting such companies, including the statute known as the Fellow-servant…
2Cases cited12 opinions
- Aycock v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1883
- Sawyer v. RailroadSupreme Court of North Carolina · 1906
- Hemphill v. . Lumber Co.Supreme Court of North Carolina · 1906
- Logan v. North Carolina RailroadSupreme Court of North Carolina · 1895
- Miller v. SmytheSupreme Court of Georgia · 1893
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3Cited by16 opinions
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- Kirchner v. MullerNew York Court of Appeals · 1939
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