Legal Opinion

Brock v. . R. R.

Supreme Court of North Carolina

Decided November 19, 1908PublishedCited by 3 opinions

1Opinion of the Court

When this case was before this Court at the last term the judgment of nonsuit was set aside, and a new trial was ordered.

On this second trial the evidence relating to the conduct of the intestate as bearing upon the issue of contributory negligence is much clearer and stronger.

It now appears not only from the evidence offered by the defendant, but also plainly from the evidence of the plaintiff, that the deceased by walking from seventy to ninety feet could easily have walked around the train of cars and that he had a perfectly safe way to reach his home instead of climbing between the two…

2Cases cited3 opinions

  1. Baker v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1909
  2. Edge v. Atlantic Coast Line Railway Co.Supreme Court of North Carolina · 1910
  3. LeGwin v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1915

3Cited by3 opinions

  1. Ruiz v. Southern Pacific Transportation Co.New Mexico Court of Appeals · 1981
  2. Stratton v. Southern Ry. Co.Court of Appeals for the Fourth Circuit · 1951
  3. Edwards v. Southern Railway Co.Supreme Court of North Carolina · 1938

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