Jenkins v. Norfolk-Southern Railroad
Supreme Court of North Carolina
Appeal from Justice, J., at the January Special Term, 1911, of LENOIR. The action was brought to recover damages for alleged negligence in frightening the feme plaintiff’s pony, whereby she was thrown from a buggy and injured. The usual issues were submitted and answered in favor of the plaintiff and her damages assessed at five hundred dollars. The defendant appealed.
1Opinion of the Court
Bbown, J".
The feme plaintiff was driving in a buggy witb ber father, and as they approached within ten or twelve feet of Mellwaine street crossing, for purpose of passing over the defendant’s track, an engine and train rushed over the crossing and badly frightened the pony, causing him to swerve suddenly and throw the feme plaintiff from the buggy, injuring her.
Th@ motion to nonsuit presents two questions:
1. Is there any evidence of negligence ? The evidence of plaintiff, as well as her father, appears to be quite positive that the engineer gave no signal, either by bell or whistle, as he…
2Cases cited4 opinions
- Russell v. Carolina Central R. R.Supreme Court of North Carolina · 1896
- Hinkle v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
- Butts v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1903
- Gilmore v. . R. R.Supreme Court of North Carolina · 1894
3Cited by7 opinions
- Blum v. Southern Railway Co.Supreme Court of North Carolina · 1924
- Williams v. Randolph & Cumberland Railway Co.Supreme Court of North Carolina · 1921
- Jackson v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1921
- Rigsbee v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1925
- Williams v. . R. R.Supreme Court of North Carolina · 1921
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