Legal Opinion

Purnell v. Raleigh & Gaston Railroad

Supreme Court of North Carolina

Decided April 12, 1898PublishedCited by 62 opinions

Civil ACTION for damages for injuries resulting in the death of plaintiff’s intestate, tried before Timberldke, J., and a jury, at May Term, 1897, of Halifax Superior Court. The facts appear in the opinion. There was a verdict for the plaintiff for $5000 and defendant appealed.

1Opinion of the Court

FAIRCLOTH, C. J., and CLARK, J., dissent. Plaintiff's intestate was run over and killed by a freight train of the defendant company, and this is an action for damages.

There was evidence tending to show that defendant has, and maintains a large shed, 275 feet long and 80 feet wide in the thickly settled and the business part of the town of Weldon; that under (834) this shed there are as many as five railroad tracks, and the trains and cars of four different roads pass under and through this shed; this shed was used as depot for these different roads, where they received and discharged their…

2Cases cited5 opinions

  1. Lloyd v. Albemarle & Raleigh R. R.Supreme Court of North Carolina · 1896
  2. Mesic v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1897
  3. Stanley v. Durham & Northern RailroadSupreme Court of North Carolina · 1897
  4. Henderson v. . CrouseSupreme Court of North Carolina · 1860
  5. Sugg v. . WatsonSupreme Court of North Carolina · 1888

3Cited by62 opinions

  1. Cox v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1898
  2. Cotton v. Willmar & Sioux Falls Railway Co.Supreme Court of Minnesota · 1906
  3. Coley v. North Carolina RailroadSupreme Court of North Carolina · 1901
  4. Ray v. RailroadSupreme Court of North Carolina · 1906
  5. Moore v. . MillerSupreme Court of North Carolina · 1920

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