Legal Opinion

Ramsbottom v. Railroad

Supreme Court of North Carolina

Decided April 4, 1905PublishedCited by 65 opinions

ActioN by T. IT. Ramsbottom and T. B. Smith, trading as Ramsbottom & Smith, against Atlantic Ooast Line Railroad Company, heard by Judge Geo. H. Brown, Jr., and a jury, at the October Term, 1904, of the Superior Court of CouuMbus County. ‘From a judgment for the plaintiffs, the defendant appealed.

1Opinion of the CourtHoke, J.

There was evidence to the effect that some time prior 'to the commencement of this action, and within six months, two horses owned by the plaintiffs got on the track of defendant company at a point about a quarter of a mile from a trestle, and one hundred yards or little more ahead of one of defendant’s trains, which was approaching from the south. The track was straight for at least a half mile back from the trestle, and at a point about 150 yards from the trestle a wagon road crossed the railroad track. The horses ran along the track about 100 yards ahead of the train, passing the wagon…

2Cases cited5 opinions

  1. Russell v. Carolina Central R. R.Supreme Court of North Carolina · 1896
  2. Pittsburgh Southern Railway Co. v. TaylorSupreme Court of Pennsylvania · 1883
  3. McGowan v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1895
  4. Raiford v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1902
  5. Graves v. Railroad Co.Supreme Court of North Carolina · 1904

3Cited by65 opinions

  1. McNair v. BoyetteSupreme Court of North Carolina · 1972
  2. Kientz v. CarltonSupreme Court of North Carolina · 1957
  3. Hall v. Coble Dairies, Inc.Supreme Court of North Carolina · 1951
  4. Petty v. Cranston Print Works CompanySupreme Court of North Carolina · 1956
  5. Mattingly v. NORTH CAROLINA RAILROAD COMPANYSupreme Court of North Carolina · 1961

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