McMillan v. Atlanta & Charlotte Air Line Railway Co.
Supreme Court of North Carolina
ActioN tried before Garter, J., at April Term, 1916, of G-astoN. Plaintiff alleged that his intestate, J. W. Stout, was killed by a collision between an automobile, driven by another, in which he was riding, and a train of defendant at a crossing in East Kings Mountain on 17 August, 1914, and that his death was caused by defendant’s negligence.
Read the full summary
ActioN tried before Garter, J., at April Term, 1916, of G-astoN. Plaintiff alleged that his intestate, J. W. Stout, was killed by a collision between an automobile, driven by another, in which he was riding, and a train of defendant at a crossing in East Kings Mountain on 17 August, 1914, and that his death was caused by defendant’s negligence. The jury returned the following verdict: 1. Was the plaintiff’s intestate killed by the negligence of the servants and agents of the Southern Railway Company, as alleged in the complaint? Answer: “No.” 2. "What damage, if any, is plaintiff entitled to…
1Opinion of the Court
PeR CuitiAM.
There was no issue as to contributory negligence, and there was no such question in the case, as it was not tried upon that theory, but rather upon the question of proximate cause. We have *855examined tbe charge carefully and find it to be an accurate statement of tbe law as applicable to tbe facts, and it was in exact accordance with tbe principles as laid down by this Court in Crompton v. Ivie, 126 N. C., 894, and Bagwell v. R. R., 167 N. C., 611. See, also, 2 Exiling Case Law, p. 1205. Tbe questions were as to who was negligent and as to whose negligence was tbe proximate cause of…
2Cases cited20 opinions
- Columbia & Puget Sound Railroad v. HawthorneSupreme Court of the United States · 1892
- Morse v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
- Dougan v. . Champlain Transportation Co.New York Court of Appeals · 1873
- Terre Haute & Indianapolis Railroad v. ClemIndiana Supreme Court · 1890
- Corcoran v. . Village of PeekskillNew York Court of Appeals · 1888
15 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Bagwell v. . R. R.Supreme Court of North Carolina · 1914
- Crampton v. Ivie Bros.Supreme Court of North Carolina · 1900
- Troxler v. . R. R.Supreme Court of North Carolina · 1899
- Treadwell v. . R. R.Supreme Court of North Carolina · 1915
- Farrall v. Universal Garage Co.Supreme Court of North Carolina · 1920
5 more not listed; retrieve them via the Exa API.