Haynes v. Southern Railway Co.
Supreme Court of North Carolina
Appeal by defendants from Long, J., at the May Term, 1921, of Haywood. Civil actions to recover damages for an alleged negligent injury to, plaintiff’s intestate and damages to tbe automobile in which he was riding, by consent, consolidated and tried together in the Superior Court.
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Appeal by defendants from Long, J., at the May Term, 1921, of Haywood. Civil actions to recover damages for an alleged negligent injury to, plaintiff’s intestate and damages to tbe automobile in which he was riding, by consent, consolidated and tried together in the Superior Court. On 21 October, 1920, W. J. Haynes, while attempting to drive his wife’s machine over the defendant’s track at a public crossing in Hazel-wood, N. C., was struct and killed by a freight train of the Southern Railway Company, and the automobile was badly damaged and demolished. The administrator brings suit to…
1Opinion of the CourtStaoy, J.
The injuries, out of which the present suits arise, were caused by a collision at a public crossing in the village of Hazelwood, between an automobile in which W. J. Haynes was riding and a freight train of the Southern Railway Company. The train was slowly pulling out from the station, moving at a rate of from two and a half to three miles an hour, when plaintiff’s intestate drove upon the crossing and was pushed down the track by the engine for a distance of about seventy-two feet and killed.
It was shown by all the evidence that no warning was given of the train’s starting and of its…
2Cases cited5 opinions
- Pickett v. . R. R.Supreme Court of North Carolina · 1895
- Ray v. RailroadSupreme Court of North Carolina · 1906
- Bogan v. Carolina Central RailroadSupreme Court of North Carolina · 1901
- Cullifer v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1915
- Horne v. . R. R.Supreme Court of North Carolina · 1916
3Cited by12 opinions
- Ingram v. . Smoky Mountain Stages, Inc.Supreme Court of North Carolina · 1945
- Redmon v. . R. R.Supreme Court of North Carolina · 1928
- Newbern v. . LearySupreme Court of North Carolina · 1939
- West Construction Co. v. Atlantic Coast Line Railway Co.Supreme Court of North Carolina · 1923
- Aydlett v. KeimSupreme Court of North Carolina · 1950
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