Duffy v. A. & N. C. Railroad
Supreme Court of North Carolina
ActioN to recover damages, heard at Fall Term, 1906, CRAVEN Superior Court, on demurrer, Shaw, J., presiding. From judgment sustaining demurrer, plaintiff appeals.
1Opinion of the CourtBrown, J.
The portion of the complaint material to be considered on this appeal states in substance: That on 10 March, 1906, the plaintiff was driving along the macadamized road in the city of New Bern when his horse became frightened and began to run. The horse ran for some distance, and when the plaintiff turned a corner in the street and came within one block .of the railroad crossing, he saw that the defendants had a long freight train standing across the street which made it impossible for him to pass. Tie alleges that the freight train was unnecessarily there, and had been there for a long time,…
2Cases cited3 opinions
- Morgan v. Norfolk Southern RailroadSupreme Court of North Carolina · 1887
- Dunn v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1899
- Harrell v. Albemarle & Raleigh RailroadSupreme Court of North Carolina · 1892
3Cited by13 opinions
- Johnson v. . R. R.Supreme Court of North Carolina · 1913
- Johnson v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1913
- Redmon v. . R. R.Supreme Court of North Carolina · 1928
- Coltrain Ex Rel. Coltrain v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1939
- Patterson v. Champion Lumber Co.Supreme Court of North Carolina · 1917
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