Transou v. . Director General
Supreme Court of North Carolina
Appeal by plaintiff from Webb, J., at March Term, 1921, of Foesyth. Civil action to recover damages under C. S., 160, for an alleged wrongful death. Plaintiff’s intestate on the night of August 15, 1919, was brakeman on the Winston-Salem yards of the Southern Railway Company, which, at that time, was being operated by the Director General of Railroads.
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Appeal by plaintiff from Webb, J., at March Term, 1921, of Foesyth. Civil action to recover damages under C. S., 160, for an alleged wrongful death. Plaintiff’s intestate on the night of August 15, 1919, was brakeman on the Winston-Salem yards of the Southern Railway Company, which, at that time, was being operated by the Director General of Railroads. Just north of Seventh street in Winston-Salem a switch track branched off from the main line of the railroad running south, and on the west side of this industrial track, as it was called, after it crossed Seventh street, was a woodyard…
1Opinion of the CourtStacy, J.
Considering tbe evidence in its most favorable light for tbe plaintiff, tbe accepted position on a motion to nonsuit, we think tbe case should have been submitted to tbe jury. True, no one testified with exactness as to bow tbe deceased met bis death. But tbe objective and physical facts speak louder than witnesses. Can there be any doubt of tbe truth of tbe allegation that tbe moving train, tbe demolished truck and tbe torn up platform all played a part in producing tbe injury which resulted in Transou’s death? It would seem that an affirmative answer might be entirely permissible, and not…
2Cases cited3 opinions
- Heilig v. Southern Railway Co.Supreme Court of North Carolina · 1910
- Virginian Ry. Co. v. HalsteadCourt of Appeals for the Fourth Circuit · 1919
- Williams v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1915