Legal Opinion

Hinkle v. Richmond & Danville Railroad

Supreme Court of North Carolina

Decided September 5, 1891PublishedCited by 39 opinions

This was a civil ACTION, tried at Fall Term, 1891, of the Superior Court of DavidsoN County, before Arm,field, J. The facts are stated in the opinion.

1Opinion of the Court

Avery, J.:

In the absence of statutes regulating the time and manner of giving signals, the failure of an engineer in charge of a locomotive to ring the bell or sound the whistle on approaching the crossing of a public highway, or a point where the public have been habitually permitted to cross, as at the intersection of a mill-road or a farm-road frequently used, is evidence of negligence to be submitted to the jury. 2 Sherman and Red. on Neg., §§463 and 464, Womer v. N. Y. R. R. Co., 44 N. Y., 465; Troy v. Railroad, 99 N. C., 298; 2 Wood R. L., p. 1292; Bary v. Railroad, 92 N. Y., 289.

It is…

2Cases cited13 opinions

  1. Warner v. . the New York Cen. R.R. Co.New York Court of Appeals · 1871
  2. Deans v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
  3. Bullock v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
  4. Troy v. Cape Fear & Yadkin Valley RailroadSupreme Court of North Carolina · 1888
  5. Newson v. . the N.Y.C.R.R. Co.New York Court of Appeals · 1864

8 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. Florida Central & Peninsular Railroad v. FoxworthSupreme Court of Florida · 1899
  2. Russell v. Carolina Central R. R.Supreme Court of North Carolina · 1896
  3. Pickett v. . R. R.Supreme Court of North Carolina · 1895
  4. Norton v. North Carolina RailroadSupreme Court of North Carolina · 1898
  5. Pickett v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1895

34 more not listed; retrieve them via the Exa API.

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