Mesic v. Atlantic & North Carolina Railroad
Supreme Court of North Carolina
Civil action, to recover $250 damages for the negligent billing by the defendant of a horse belonging to plaintiff, tried before Robinson,, J., and a jury, at Fall Term, 189.6, of Cea VEN Superior Court. The action was brought within six months from the killing. Upon the conclusion of plaintiff’s testimony, the defendant demurred thereto, and, from a judgment sustaining the demurrer, the plaintiff appealed.
1Opinion of the Court
Montgomeey, J.:
The railroad track was in part the outside boundary of the city of New Berne. The horse driven towards the city by the plaintiff’s servant, just as the track was reached at the crossing, was struck on the head and killed, by a passing tram. There was no controversy as to the facts. It appeared that the driver did not look, as he approached the crossing, for an approaching train. There was no testimony that he listened for any signal from the enigneer, though he said he did not hear the whistle or the bell.
There was no obstruction of any kind between the crossing and the depot…
2Cases cited7 opinions
- Russell v. Carolina Central R. R.Supreme Court of North Carolina · 1896
- Lloyd v. Albemarle & Raleigh R. R.Supreme Court of North Carolina · 1896
- Hinkle v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
- Randall v. Richmond & Danville RailroadSupreme Court of North Carolina · 1889
- Doggett v. Richmond & Danville RailroadSupreme Court of North Carolina · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Johnson v. . R. R.Supreme Court of North Carolina · 1913
- Godwin v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1941
- Purnell v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1898
- Cooper v. RailroadSupreme Court of North Carolina · 1905
- Norton v. North Carolina RailroadSupreme Court of North Carolina · 1898
24 more not listed; retrieve them via the Exa API.