Beach v. Southern Railway Co.
Supreme Court of North Carolina
Actioh tried before Guión, J., and a jury, at June Term, 1907, of Burke. Tbe intestates of the plaintiff were run over and killed at the same time by a passenger train while they were walking on the track of the defendant, at a point about 300 yards west of the depot at Morganton.
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Actioh tried before Guión, J., and a jury, at June Term, 1907, of Burke. Tbe intestates of the plaintiff were run over and killed at the same time by a passenger train while they were walking on the track of the defendant, at a point about 300 yards west of the depot at Morganton. The accident occurred about 10 o’clock A. M. on the morning of 5 December, 1905, a clear, bright day, and at a point on defendant’s road where they might have seen the approaching train for a distance of from one-half to three-fourths of a mile before it reached them, the track being straight and unobstructed for at…
1Opinion of the CourtWalker, J.
The question involved in tbis case bas been before tbis Court so many times that the law applicable to the facts as disclosed by the record bas been as conclusively settled as perhaps any principle within the wide range of jurisprudence. The theory of the plaintiff, which was adopted by the court, proceeds upon the erroneous idea that a man who goes upon the track of a railroad company, not by its permission or license, but as a mere trespasser, is not bound to use both senses of sight and hearing, but only the latter. Every man in the possession of his natural faculties must know, and the…
2Cases cited12 opinions
- Meredith v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
- High v. Carolina Central RailroadSupreme Court of North Carolina · 1893
- Norwood v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1892
- Parker v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1882
- Neal v. Carolina Central RailroadSupreme Court of North Carolina · 1900
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3Cited by31 opinions
- Redmon v. . R. R.Supreme Court of North Carolina · 1928
- Neal v. . R. R.Supreme Court of North Carolina · 1900
- Davis v. . R. R.Supreme Court of North Carolina · 1924
- Shepherd v. North Carolina RailroadSupreme Court of North Carolina · 1913
- Exum v. . R. R.Supreme Court of North Carolina · 1911
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