Smith v. Atlantic & Charlotte Air Line Railway Co.
Supreme Court of North Carolina
ActioN tried before Moore, J., and a jury, at January Term, 1908, of Mecklenburg. There was evidence on tbe part of plaintiff tending to sbow that in January, 1906, tbe intestate, engaged in. bis employment as one of a switching crew, was run over and fatally injured on the yard of defendant company, from which injuries he soon thereafter died.
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ActioN tried before Moore, J., and a jury, at January Term, 1908, of Mecklenburg. There was evidence on tbe part of plaintiff tending to sbow that in January, 1906, tbe intestate, engaged in. bis employment as one of a switching crew, was run over and fatally injured on the yard of defendant company, from which injuries he soon thereafter died. D. H. Plott, a witness for plaintiff, among other things, testified in substance that on the night of the occurrence witness was conductor in charge of the switching crew of which deceased was then a member, and intestate, in the line of his…
1Opinion of the Court
Hoke, J.,
after stating the facts: It was admitted on the argument that defendant company was negligent in failing to provide an engine properly equipped for the work in which the intestate was engaged, and it is urged for error that the court declined to charge as requested by defendant on the issue as to contributory negligence, and this chiefly on the following statements appearing in the cross-examination of the plaintiff’s witness, D. II. Plott:
“Q. You made a statement immediately after this accident, did you not?
“A. Yes.
“Q. I will ask you if in this statement you did not say this: ‘The…
2Cases cited9 opinions
- Becker v. . KochNew York Court of Appeals · 1887
- State v. Hill.Supreme Court of North Carolina · 1906
- Coley v. North Carolina RailroadSupreme Court of North Carolina · 1901
- State v. . MacESupreme Court of North Carolina · 1896
- Biles v. RailroadSupreme Court of North Carolina · 1905
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- State v. TilleySupreme Court of North Carolina · 1954
- Worth Co. v. International Sugar Feed No. 2 Co.Supreme Court of North Carolina · 1916
- Jordan v. Interurban Motor Lines, Inc.Supreme Court of North Carolina · 1921
- Herring v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1925
- Crawford v. Southern Railway Co.Supreme Court of North Carolina · 1909
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