Cox v. Norfolk & Carolina Railroad
Supreme Court of North Carolina
Civil action to recover damages for the negligent killing of the intestate of plaintiff by defendant’s train, tried before Norwood, J., at Halifax Superior Court.
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Civil action to recover damages for the negligent killing of the intestate of plaintiff by defendant’s train, tried before Norwood, J., at Halifax Superior Court. ISSUES. 1. Did the defendant negligently kill the plaintiff’s intestate ? 2. Was said intestate guilty of contributory negligence ? 3. Notwithstanding such negligence on the part of said intestate, could the defendant by the exercise of due care and prudence have prevented the killing ? There were a number of witnesses examined on the part of the plaintiff, whose evidence is stated in full in the opinion. It tended to show that the…
1Opinion of the Court
Douglas, J.:
This is an action brought by the plaintiff as administrator of N. L. Cox to recover damages for the negligent killing of his intestate by the defendant’s engine. At the close of plaintiff’s testimony, the defendant moved to non-suit the plaintiff under Chapter 109 of the Laws of 1897. This is the Act that has already given us so much trouble. It was doubtless intended by the Legislature to save time and expense by cutting short an action devoid of merit, but its practical result is the very opposite. It gives the defendant two chances to one for the plaintiff, prolongs litigation,…
2Cases cited20 opinions
- Inland & Seaboard Coasting Co. v. TolsonSupreme Court of the United States · 1891
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
- Spruill v. Northwestern Mutual Life InsuranceSupreme Court of North Carolina · 1897
- Purnell v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1898
- Chicago, Milwaukee & St. Paul Railway Co. v. LowellSupreme Court of the United States · 1894
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3Cited by77 opinions
- Wall v. . BainSupreme Court of North Carolina · 1942
- Lincoln v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1935
- Redmon v. . R. R.Supreme Court of North Carolina · 1928
- Lloyd v. P. H. Hanes & Co.Supreme Court of North Carolina · 1900
- Coley v. North Carolina RailroadSupreme Court of North Carolina · 1901
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