Mumpower v. Black Mountain Railway Co.
Supreme Court of North Carolina
Appeal by defendant from Lane, Jat March Term, 1917, of YaNCey. The plaintiff’s intestate was a fireman upon defendant’s railroad. At Summit Cut, near Burnsville, the defendant had built a side-track about 300 yards long, on a very steep grade. If a car upon said side-track got loose it would run down said side-track and onto the main line for more than a mile. The railroad runs from Kona, in Mitchell County, to Escota, in Yancey, about 22 miles.
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Appeal by defendant from Lane, Jat March Term, 1917, of YaNCey. The plaintiff’s intestate was a fireman upon defendant’s railroad. At Summit Cut, near Burnsville, the defendant had built a side-track about 300 yards long, on a very steep grade. If a car upon said side-track got loose it would run down said side-track and onto the main line for more than a mile. The railroad runs from Kona, in Mitchell County, to Escota, in Yancey, about 22 miles. The roadbed is very steep and crooked. The defendant failed to put in a turn-table or “Y,” by reason of which at that time the engine had to be run…
1Opinion of the CourtClark, C. J.
There was evidence of negligence, in that tbe defendant bad no lookout on tbe rear end of tbe train, which was moving backward. Lloyd v. R. R., 118 N. C., 1010; Purnell v. R. R., 122 N. C., 845, and numerous cases cited to these cases in tbe Anno. Ed. In any view of tbe case, there was not a sufficient lookout, as required by Arrowood v. R. R., 126 N. C., 630.
The evidence of the defective derailer was also evidence of negligence sufficient to go to the jury. Evidence was competent as to the custom prevailing on the railroad for shippers, like Mack English, to shift the cars on the side-track,…
2Cases cited13 opinions
- Ridge v. Norfolk Southern RailroadSupreme Court of North Carolina · 1914
- Lloyd v. Albemarle & Raleigh R. R.Supreme Court of North Carolina · 1896
- Hemphill v. . Lumber Co.Supreme Court of North Carolina · 1906
- Hudson v. RailroadSupreme Court of North Carolina · 1906
- Atlantic Coast Line Railroad v. MimsSupreme Court of the United States · 1917
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Brady v. Southern Railway Co.Supreme Court of North Carolina · 1942
- Battle v. . CleaveSupreme Court of North Carolina · 1919
- Michaux v. Paul Rubber Co.Supreme Court of North Carolina · 1925
- Bloxham v. . Timber CorporationSupreme Court of North Carolina · 1916
- Wallace v. Tallahassee Power & Light Co.Supreme Court of North Carolina · 1918