Legal Opinion

McLamb v. Wilmington & Weldon Railroad

Supreme Court of North Carolina

Decided April 12, 1898PublishedCited by 47 opinions

Civil action tried, before Adams, J., and a jury at Fall Term, 1897, of Johnston Superior Court. The afcts appear in the opinion. There was a verdict for the plaintiff for $2,000, and from the judgment thereon the defendant appealed.

1Opinion of the Court

Douglas, J.:

This was an action brought by the administrator of J. R. McLamb to recover damages for the killing of his intestate by the. alleged negligence of the defendant. The deceased was on a trestle about thirty feet high, belonging to the defendant company, and was struck by the defendant’s train, knocked from the trestle and killed. It appears from the testimony of the engineer that the train was' 25 or 30 minutes late, and was running at the rate of fifty or sixty miles an hour, and could not be stopped in less than four hundred and fifty or five hundred yards; that when three quarters…

2Cases cited1 opinion

  1. Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892

3Cited by47 opinions

  1. State v. MillerSupreme Court of North Carolina · 1967
  2. State v. . TuckerSupreme Court of North Carolina · 1925
  3. State v. DockerySupreme Court of North Carolina · 1953
  4. State v. . LittleSupreme Court of North Carolina · 1947
  5. State v. BowenSupreme Court of North Carolina · 1949

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