Upton v. Railroad
Supreme Court of North Carolina
ActtoN by T. L. Upton and Ella Upton, administrators of J. A. Upton, against the South Carolina and Georgia Extension Railway Company, heard by Judge B. W. Timberlahe and a jury, at Spring Term, 1901, of McDowell County Superior Court. From a judgment of nonsuit, the plaintiffs appealed.
1Opinion of the Court
MONTGOMERY, I.
Tbe intestate of tbe plaintiff was killed by a,train of the defendant, which was moving northwardly toward Marion from Thermal City, at about 8 o’clock of the night of the 24th of March, 1900. There was no witness to the occurrence.
It is alleged in the complaint that the intestate was “sitting on the track on the end of a cross-tie asleep, with his head and body bowed forward and his back to the track and to the west, in an apparently unconscious and helpless condition.”
The evidence introduced by the plaintiff, to be taken as true, because at its close his Honor granted the…
2Cases cited2 opinions
- Norwood v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1892
- Gates v. . MaxSupreme Court of North Carolina · 1899
3Cited by27 opinions
- Arrowood v. . R. R.Supreme Court of North Carolina · 1900
- Mercer v. PowellSupreme Court of North Carolina · 1940
- Cummings v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1940
- Mercer v. . PowellSupreme Court of North Carolina · 1940
- Clegg v. Southern Railway Co.Supreme Court of North Carolina · 1903
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