Proctor v. . W. W. Railroad Company
Supreme Court of North Carolina
Civil actioN, tried before Waits, J., at Spring Term, 1874, Nash-Superior Court. The suit was brought to recover damages for injuring a cow, and was referred to John IT.
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Civil actioN, tried before Waits, J., at Spring Term, 1874, Nash-Superior Court. The suit was brought to recover damages for injuring a cow, and was referred to John IT. Thorp, who returned the following report: 1. “ I find as matters of fact, that on tlje 26th day of March, 1872, about two and a half miles south of Rocky Mount, on the defendant’s railroad, which divides at that point the counties of Nash and Edgecombe, the defendant’s mail train, knocked off said road a cow belonging to the plaintiff, so injuring her as to render her valueless, except as to her skin ; that said cow was worth…
1Opinion of the CourtSettle, J.
This aefion having been commenced within six months after the injury complained of, there is a presumption of negligence against the defendant.
But the facts found by the referee more than rebut that presumption and show positively that the defendant exercised due care.
A cow jumped across a ditch upon the track of the defendant’s road, two hundred yards ahead of the engine, while the mail train was running at the rate of 23 miles an hour. Erom the nature of the surrounding ground, and a cut in which the train was, the engineer could not see the cow until she jumped upon the track.
The engineer…
2Cited by6 opinions
- Fleming v. Washington & Vandemere RailroadSupreme Court of North Carolina · 1915
- Durham v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1880
- Winston v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1884
- Bethea v. Raleigh & Augusta RailroadSupreme Court of North Carolina · 1890
- Durham v. . W. W. R. R. Co.Supreme Court of North Carolina · 1880
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