Enloe v. Southern Railway Co.
Supreme Court of North Carolina
Appeal by plaintiff from Bay, J., at tbe June Term, 1919, of Buu-COMBE. This is an action to recover damages for negligence resulting in the death of Lloyd Enloe, a fireman who was killed while at his post of duty and employed by the Southern Kailway Company. Plaintiff’s intestate was killed about 12 o’clock m., on 9 May, 1917, at a point on the line of the Southern Eailway Company about 300 yards west of Lake Junaluska Station in Haywood County.
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Appeal by plaintiff from Bay, J., at tbe June Term, 1919, of Buu-COMBE. This is an action to recover damages for negligence resulting in the death of Lloyd Enloe, a fireman who was killed while at his post of duty and employed by the Southern Kailway Company. Plaintiff’s intestate was killed about 12 o’clock m., on 9 May, 1917, at a point on the line of the Southern Eailway Company about 300 yards west of Lake Junaluska Station in Haywood County. The deceased was twenty-one years of age, and the sole support of his mother and five small brothers and sisters. At the time of his death he was…
1Opinion of the CourtAllen, J.
The evidence for the plaintiff shows that the bull, which was the cause of the accident, was fifteen or twenty steps from the railroad track, grazing quietly, until the train was within 35 or 40 feet of the point of impact, and that he then started across the track, and was run over and killed, causing a derailment of the engine, which brought about the death of the plaintiff’s intestate.
It is also in evidence that the train was running fifteen miles an hour, and that not more than one or two seconds elapsed after the bull started to the track, and that within this time the train could not…
2Cases cited6 opinions
- Wilson v. Norfolk & Southern RailroadSupreme Court of North Carolina · 1884
- Snowden v. Norfolk Southern RailroadSupreme Court of North Carolina · 1886
- Moore v. Electric Co.Supreme Court of North Carolina · 1904
- Orr v. . RumboughSupreme Court of North Carolina · 1916
- James v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1914
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