Bailey v. North Carolina R. R.
Supreme Court of North Carolina
ActioN tried before Moore, J... and a jury, at the February Term, 1908, of G-uilKoed. The action was brought by plaintiff as administratrix of her son, W. L. Bailey, for damages for the death of intestate, alleging that the same was caused by the wilful negligence of the defendant’s lessee, the Southern Railway.
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ActioN tried before Moore, J... and a jury, at the February Term, 1908, of G-uilKoed. The action was brought by plaintiff as administratrix of her son, W. L. Bailey, for damages for the death of intestate, alleging that the same was caused by the wilful negligence of the defendant’s lessee, the Southern Railway. The Court submitted these issues; “1. Was the plaintiff’s intestate injured and killed by the wanton negligence of the defendant’s lessee? Answer: Wes.’ “2. What damage, if any, has plaintiff sustained ? Answer: ‘$7,000.’” At the conclusion of the evidence the defendant moved to…
1Opinion of the CourtBkowN, J.
The lessee of the defendant operates certain large switching yards near Greensboro, called, the Pomona Yards, in which are laid a number of parallel tracks upon which are constantly running the switch engines, transfer trains and the other trains of the company.; Two. of these tracks are known as the main line tracks, one for southbound ‘and the other for northbound trains, j There is a crossover switch used by trains when necessary .'in crossing from one main line track to the other.; The plaintiff’s intestate was on switch engine No.,'1688 on the night of 11 February, 1906, and was killed…
2Cases cited5 opinions
- Central Railroad & Banking Co. v. RyleeSupreme Court of Georgia · 1891
- State v. . MasseySupreme Court of North Carolina · 1887
- Peterson v. RailroadSupreme Court of North Carolina · 1906
- Vassor v. RailroadSupreme Court of North Carolina · 1906
- State v. BrigmanSupreme Court of North Carolina · 1886
3Cited by46 opinions
- Pleasant v. JohnsonSupreme Court of North Carolina · 1985
- Siesseger v. PuthSupreme Court of Iowa · 1931
- Foster v. . HymanSupreme Court of North Carolina · 1929
- Brewer v. HarrisSupreme Court of North Carolina · 1971
- Givens v. SellarsSupreme Court of North Carolina · 1968
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