Ingram v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal by plaintiff from Kerr, J., at tbe February Term, 1921, of New HaNOVee. Tbis is an action to recover damages for tbe death of tbe intestate of tbe plaintiff, caused, as tbe plaintiff alleges, by tbe negligence of tbe defendant in tbat (1) tbe defendant failed to keep a proper lookout down tbe track; (2) tbat tbe defendant failed to bave a jack-knife or derailer or other appliance on its storage track at Warsaw. . On 9 March, 1908, at about 8:30 o’clock of a dark rainy…
Read the full summary
Appeal by plaintiff from Kerr, J., at tbe February Term, 1921, of New HaNOVee. Tbis is an action to recover damages for tbe death of tbe intestate of tbe plaintiff, caused, as tbe plaintiff alleges, by tbe negligence of tbe defendant in tbat (1) tbe defendant failed to keep a proper lookout down tbe track; (2) tbat tbe defendant failed to bave a jack-knife or derailer or other appliance on its storage track at Warsaw. . On 9 March, 1908, at about 8:30 o’clock of a dark rainy night tbe intestate of tbe plaintiff was brakeman on a freight train going from Wilmington to Rocky Mount. As tbe train…
1Per curiam
There is no’ evidence to sustain tbe first allegation of negligence as it was the duty of tbe engineer only to keep a lookout for tbe signals of tbe intestate, who was then in charge of tbe movement of tbe train, and to follow bis signals, and all of tbe evidence shows tbat be performed this duty.
Nor do we think tbat tbe failure to have a derailer or jack-knife bad anything to do with tbe death of tbe intestate, who knew tbat there was no derailer or jack-knife in tbe storage track, and whose duty it was to place tbe cars and see tbat they were clear of tbe pass track, and tbe responsibility…
2Cases cited3 opinions
- Great Northern Railway Co. v. WilesSupreme Court of the United States · 1916
- Illinois Central Railroad v. SkaggsSupreme Court of the United States · 1916
- Baugham v. New York, Philadelphia & Norfolk RailroadSupreme Court of the United States · 1916
3Cited by6 opinions
- Davis v. PayneOregon Supreme Court · 1923
- McInturff v. St. Louis Union Trust Co.Supreme Court of North Carolina · 1931
- Wash., B. A. El. R. Co. v. CookCourt of Appeals of Maryland · 1924
- Washington, Baltimore & Annapolis Electric Railroad v. CookCourt of Appeals of Maryland · 1924
- Armstrong v. C. W. I. R. R. Co.Illinois Supreme Court · 1932
1 more not listed; retrieve them via the Exa API.