J. L. Battle v. . W. W. R. R.
Supreme Court of North Carolina
This was action brought by plaintiff against tbe defendant, to receive damages for killing a mule and calf. Tried before Moore, Judge, at Fall Term of Edgecombe Superior Court. It was in evidence that the rail road of tbe defendant ran through tbe enclosed pasture lands of tbe plaintiff, that there was a continuous grade on the land from and through the pasture to the depot, about a half mile distant.
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This was action brought by plaintiff against tbe defendant, to receive damages for killing a mule and calf. Tried before Moore, Judge, at Fall Term of Edgecombe Superior Court. It was in evidence that the rail road of tbe defendant ran through tbe enclosed pasture lands of tbe plaintiff, that there was a continuous grade on the land from and through the pasture to the depot, about a half mile distant. That two empty-cars were coupled together, and left standing on the grade or-inclination all night, the upper car being chocked with a stick-of wood. On the next day the lower car was found to…
1Opinion of the CourtDioic, J.
The railroad, track of the defendant passes through the pasture lands of the plaintiff for a half mile, with a descending grade. The mule and calf belonging to the plaintiff •were ¡killed by cars which in some way were set in motion and run down the grade..By presumption of law (Act 1857, ch. 7) the defendant was guilty of negligence, and this presumption could only be rebutted by showing that the agents of the defendant had used all proper precaution to guard against the damage. It was sufficient to prove that there was probably no negligence. Clark v. W. N. C. R. R. Co, 1 Winston, 109.
Indepe…
2Cited by8 opinions
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- Sellars v. Richmond & Danville RailroadSupreme Court of North Carolina · 1886
- Richmond & Danville R. R. v. NoellSupreme Court of Virginia · 1889
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