Abernathy v. Southern Railway Co.
Supreme Court of North Carolina
Appeal by plaintiff from Cline, J., at June Term, 1913, of BubKE. It appears in this- case that the intestate of the plaintiff and R. J. Hodge were walking on the main line of defendant near Bridgewater. They left the main line and went to the pass-track because they saw a train, headed east, at the depot. Trains from, the east and the west passed at that place, and the inner side-track was the pass-track.
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Appeal by plaintiff from Cline, J., at June Term, 1913, of BubKE. It appears in this- case that the intestate of the plaintiff and R. J. Hodge were walking on the main line of defendant near Bridgewater. They left the main line and went to the pass-track because they saw a train, headed east, at the depot. Trains from, the east and the west passed at that place, and the inner side-track was the pass-track. The switch was open from the main line to the inner side-track, so that the train from the east could go onto the side- or pass-track and permit the train going east to pass. The pass-track…
1Opinion of the Court
"Walker, J\,
after stating the case: "We have repeatedly held, since the case of McAdoo v. R. R. (105 N. C., 140) was decided in 1890, nearly a quarter of a century ago, that a person walking along the track of a railroad company must look and listen for approaching trains and take care of himself, and the engineer has the right to assume that he has done so and will leave the track in time to avoid any injury to himself, and having the right to act upon this assumption, he is not guilty of negligence in failing to give signals to the pedestrian. If any injury results to the latter, the law…
2Cases cited15 opinions
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Smith v. Wabash RailroadIndiana Supreme Court · 1895
- Meredith v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
- High v. Carolina Central RailroadSupreme Court of North Carolina · 1893
- Norwood v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1892
10 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Redmon v. . R. R.Supreme Court of North Carolina · 1928
- Gunter's Adm'r v. Southern Railway Co.Supreme Court of Virginia · 1920
- Dernberger v. Baltimore & O. R. Co.Court of Appeals for the Fourth Circuit · 1917
- Exum v. . R. R.Supreme Court of North Carolina · 1911
- Treadwell v. . R. R.Supreme Court of North Carolina · 1915
8 more not listed; retrieve them via the Exa API.