Vann v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal by defendant from Lyon, J., at the June Special Terra, 1921, of SAMPSON. This action was brought to recover damages for personal injuries to the plaintiff, alleged to have been caused by the defendant’s negligence in keeping its crossing in an unsafe condition.
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Appeal by defendant from Lyon, J., at the June Special Terra, 1921, of SAMPSON. This action was brought to recover damages for personal injuries to the plaintiff, alleged to have been caused by the defendant’s negligence in keeping its crossing in an unsafe condition. On 29 August, 1914, the plaintiff and his companions were driving in a Ford automobile from Falcon, N. 0., to Fayetteville, N. 0., and after darkness had set in, they attempted to cross over the tracks of the defendant, where the public road from Dunn to Fayetteville intersects with the said tracks, a little above the station at…
1Opinion of the Court
Walker, J.,
after stating the case: The evidence as to the negligence was somewhat conflicting, and it was, therefore, properly submitted to the jury, and the motion for a nonsuit overruled.
We will consider the exceptions in the order of their statement in the record, and in the brief of defendant.
1. It was competent for the witness, M. 0. Ballard, to state whether the crossing was constructed by the correct method, as he was an expert and no question was made as to this fact. An expert, having special scientific knowledge, which fits him to do so, may give his opinion about the particular…
2Cases cited9 opinions
- Johnson v. . R. R.Supreme Court of North Carolina · 1913
- McNeill v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1914
- Summerlin v. Carolina & North-Western RailroadSupreme Court of North Carolina · 1903
- Boney v. . R. R.Supreme Court of North Carolina · 1911
- Owens v. Richmond & Danville RailroadSupreme Court of North Carolina · 1883
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Grismore v. Consolidated Products Co.Supreme Court of Iowa · 1942
- Moore v. Chicago Bridge & Iron WorksSupreme Court of North Carolina · 1922
- Davis v. . LongSupreme Court of North Carolina · 1925
- Ramsey v. Standard Oil Co.Supreme Court of North Carolina · 1923