Kirk v. Atlanta & Charlotte Air-Line Railway Co.
Supreme Court of North Carolina
Civil ACTION, tried before McKoy, Judge, and a jury, at August Term, 1884, of the Superior Court of Mecklenburg county. There was a verdict and judgment for the plaintiff, and the defendant appealed. The facts appear in the opinion.
1Opinion of the CourtSmith, C. J.
The complaint imputes negligence to the defendant company, in the management of a shifting engine, in charge of an engineer, whereby it came in contact with a stationary car, and the impulse of which put others in motion, under which the plaintiff, then engaged in inspecting, by direction of the foreman of the round-house, was run over, and his arm crushed, so as to require amputation; and for this injury, demands compensatory damage. The answer denies the imputation of negligence, and avers contributory negligence on the part of the plaintiff, in producing the result. It also sets up the…
2Cases cited3 opinions
- Chicago & Alton Railroad v. MurphyIllinois Supreme Court · 1870
- Dobbin v. Richmond & Danville RailroadSupreme Court of North Carolina · 1879
- Paul v. OwingsCourt of Appeals of Maryland · 1870
3Cited by17 opinions
- Northern Pacific Railroad v. HamblySupreme Court of the United States · 1894
- Rittenhouse v. Wilmington Street-Railway Co.Supreme Court of North Carolina · 1897
- South Florida Railroad v. WeeseSupreme Court of Florida · 1893
- Cook v. Manufacturing Co.Supreme Court of North Carolina · 1922
- Bryan v. . R. R.Supreme Court of North Carolina · 1901
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