Legal Opinion

Clegg v. Southern Railway Co.

Supreme Court of North Carolina

Decided April 14, 1903PublishedCited by 19 opinions

ActioN by Gr. W. Clegg against the Southern Railway Company, heard by Judge Thos. A. McNeill and a jury, at January Term, 1903, of the Superior Court of Iredell County. From a judgment for-the plaintiff, the defendant appealed.

1Opinion of the CourtClark, C. J.

This case was tried below since this term began and the defendant asks for a continuance. Rule 5 of this court permits the appeal to be filed at this term, and it is imperative it shall be filed not later than next term. Being filed in proper time at this term, it stands regularly for argument Avery v. Pritchard, 106 N. C., 344; State v. Deyton, 119 N. C., 880; Caldwell v. Wilson, 121 N. C., 424.

This is an action for negligence in killing the plaintiff’s intestate. The evidence offered to show negligence on the part of the defendant is that plaintiff’s intestate was seen going in the…

2Cases cited8 opinions

  1. Cox v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1898
  2. Powell v. Southern Railway Co.Supreme Court of North Carolina · 1899
  3. Upton v. RailroadSupreme Court of North Carolina · 1901
  4. Fulp v. Roanoke & Southern RailroadSupreme Court of North Carolina · 1897
  5. McArver v. Southern Railway Co.Supreme Court of North Carolina · 1901

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3Cited by19 opinions

  1. Henderson v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1912
  2. Strickland v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1908
  3. Mercer v. PowellSupreme Court of North Carolina · 1940
  4. Cummings v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1940
  5. Mercer v. . PowellSupreme Court of North Carolina · 1940

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