Holder v. North Carolina Railroad
Supreme Court of North Carolina
Appeal by plaintiff from Bragaw, Jat April Term, 1912, of Wake. ■ This is an action to recover damages for the alleged, negligent killing of the plaintiff’s intestate. The defendant denied that it killed the deceased, or that .it was negligent, and pleaded contributory negligence. There was no eye-witness to -the killing, the plaintiff relying on circumstantial evidence.
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Appeal by plaintiff from Bragaw, Jat April Term, 1912, of Wake. ■ This is an action to recover damages for the alleged, negligent killing of the plaintiff’s intestate. The defendant denied that it killed the deceased, or that .it was negligent, and pleaded contributory negligence. There was no eye-witness to -the killing, the plaintiff relying on circumstantial evidence. The deceased was going from the railroad about sunset, and he was then staggering and acted like a drunken man. About dark he was going to the railroad, and this is the last time he was seen alive, as far as the evidence…
1Opinion of the CourtAlleN, J.
The evidence in Clegg v. R. R., 132 N. C., 293, in which a judgment of nonsuit was sustained, was “that plaintiff’s intestate was seen going in the direction of defendant’s track and was later found dead, lying by the side of the track where a dirt road ran parallel with it, but not at a crossing, and with bruises from which it might be reasonably inferred that he had been knocked off the track and killed by defendant’s engine. The ti;ack was straight at that point for half a mile, possibly more. Part of the back of intestate’s head was knocked off. There was no eye-witness to the death,…
2Cases cited4 opinions
- Henderson v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1912
- Upton v. RailroadSupreme Court of North Carolina · 1901
- Clegg v. Southern Railway Co.Supreme Court of North Carolina · 1903
- McArver v. Southern Railway Co.Supreme Court of North Carolina · 1901
3Cited by2 opinions
- Jenkins v. Southern Railway Co.Supreme Court of North Carolina · 1929
- Hill v. Norfolk Southern RailroadSupreme Court of North Carolina · 1915