Kimbrough v. Hines
Supreme Court of North Carolina
Appeal by defendants from Gormor, J., at March Term, 1921, of Waice. This was an action for personal injuries sustained at a grade crossing in Selma, N. C., on 27 January, 1919, by the alleged negligence of the defendants. From verdict and judgment tbe defendants appealed.
1Dissent
"WalKer, J.,
dissenting: I concur witb tbe other judges tbat tbe defendant railroad company is not liable under tbe recent decision of tbe United States Supreme Court in Mo. Pac. R. R. Co. v. Ault, appearing in tbe Advance Opinions of-tbat Court, at p. 647, No. 16, 1 July, 1921, and tbat, therefore, said defendant has properly been dismissed from tbe case witb its costs.
I also agree witb my brethren tbat judgments under our code of procedure may be joint or several, and, therefore, may be rendered against one or more of tbe defendants, and may also adjust matters in controversy as between…
2Cases cited34 opinions
- Blackmore v. . WindersSupreme Court of North Carolina · 1907
- Ely v. Pittsburgh, Cincinnati, Chicago & St. Louis RailwaySupreme Court of Pennsylvania · 1893
- Stokes v. . TaylorSupreme Court of North Carolina · 1889
- Edwards v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1903
- Brewer v. . WynneSupreme Court of North Carolina · 1911
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