Barnes v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal by plaintiff from Webb, J., at September Term, 1912, of Robeson. Civil action. These issues were submitted: 1. Was tbe death of plaintiff’s intestate caused by tbe negligence of tbe defendant, as alleged in tbe'complaint? Answer: No. 2. Did tbe plaintiff’s intestate by bis own negligence contribute to bis injury, as alleged in tbe answer? 3. What damage, if any, is tbe plaintiff entitled to recover of tbe defendant on account of tbe alleged injury? Plaintiff appealed.
1Opinion of the CourtBkowN, J.
Plaintiff’s intestate, John Stafford, was a fireman in tbe employ of defendant. He was killed at a water tank near Pembroke on defendant’s railway. Plaintiff contends that tbe waterspout was broken and defective, and, because of its defective condition, suddenly broke from its attachments and struck Stafford and killed him. Tbe defendant contends that Stafford went out on tbe tender to fill it from tbe spout, lost bis balance accidentally, fell and was killed'; that tbe spout and attachments were in good condition and not defective. Tbe jury so found, and answered tbe first issue “No.”
Tbe…
2Cases cited5 opinions
- Starkweather v. BenjaminMichigan Supreme Court · 1875
- Rumbough v. Southern Improvement Co.Supreme Court of North Carolina · 1893
- Lytton v. Marion Manufacturing Co.Supreme Court of North Carolina · 1911
- Hopkins v. Hopkins.Supreme Court of North Carolina · 1903
- Younce v. Broad River Lumber Co.Supreme Court of North Carolina · 1911
3Cited by1 opinion
- Plummer v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1918