Legal Opinion

Winston v. Raleigh & Gaston Railroad

Supreme Court of North Carolina

Decided February 5, 1884PublishedCited by 5 opinions

Civil ActioN tried at January Special Term, 1883, of EjrANKLIN Superior Court, before Philips, J. Verdict and judgment for plaintiff; appeal by defendant.

1Opinion of the Court

Smith, C.-J.

In the early part of the night in June, 1882, the defendant's train consisting of two coaches and several boxcars, running upon its track on a down grade, came in contact with two cattle belonging to the plaintiff, and killed them. The plaintiff's action, commenced in September following before a justice of the peace, and removed to the superior court by appeal, is for the recovery of their value, as damages resulting from the alleged negligence of the officers and employees of the defendant in running and managing the train.

The testimony of the engineer in charge, though in…

2Cases cited3 opinions

  1. Doggett v. Richmond & Danville RailroadSupreme Court of North Carolina · 1879
  2. Proctor v. . W. W. Railroad CompanySupreme Court of North Carolina · 1875
  3. Forbes v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1877

3Cited by5 opinions

  1. Fleming v. Washington & Vandemere RailroadSupreme Court of North Carolina · 1915
  2. Malloy v. City of FayettevilleSupreme Court of North Carolina · 1898
  3. Seawell v. . R. R.Supreme Court of North Carolina · 1890
  4. Seawell v. Raleigh & Augusta RailroadSupreme Court of North Carolina · 1890
  5. Malloy v. . FayettevilleSupreme Court of North Carolina · 1898

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