Legal Opinion · Dissent

Hill v. Norfolk Southern Railroad

Supreme Court of North Carolina

Decided October 27, 1915PublishedCited by 13 opinions

Appeal by plaintiff from Rountree, J., at the November Term, 1914, of LENOIR. Civil action to recover damages for the alleged killing of intestate by defendant company. At close of plaintiff’s evidence, on motion, there was judgment of nonsuit, and plaintiff excepted and appealed.

1DissentBrown, J.

WALKER, J., concurs in dissenting opinion. Civil action to recover damages for the alleged killing of intestate by defendant company. At close of plaintiff's evidence, on motion, there was judgment of nonsuit, and plaintiff excepted and appealed. It has been repeatedly held in this State that the "railroad engineer of a moving train who sees on the track ahead a pedestrian, alive and in the apparent possession of his strength (741) and faculties, the engineer not having information to the contrary, is not required to stop his train or even slacken its speed because of such person's presence…

2Cases cited4 opinions

  1. Bullock v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
  2. Strickland v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1908
  3. Exum v. . R. R.Supreme Court of North Carolina · 1911
  4. Battle v. . LewisSupreme Court of North Carolina · 1908

3Cited by13 opinions

  1. Redmon v. . R. R.Supreme Court of North Carolina · 1928
  2. Hudson v. Norfolk Southern RailroadSupreme Court of North Carolina · 1925
  3. Davis v. Southern Railway Co.Supreme Court of North Carolina · 1916
  4. Allman v. Southern Railway Co.Supreme Court of North Carolina · 1932
  5. Harrison v. Southern Railway Co.Supreme Court of North Carolina · 1933

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