Bullock v. Wilmington & Weldon Railroad
Supreme Court of North Carolina
This was a civil ACTION, tried at the Nall Term, 1889, of the Superior Court of EdgecoMBk County, before Boykin, J. The plaintiff, in his first cause of action, allegtd that he was the owner of a portable steam-engine and boiler, which he was attempting to have drawn across defendant’s track by'two teams of oxen, when defendant’s servant negligently ran an engine and train over said portable engine and boiler.
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This was a civil ACTION, tried at the Nall Term, 1889, of the Superior Court of EdgecoMBk County, before Boykin, J. The plaintiff, in his first cause of action, allegtd that he was the owner of a portable steam-engine and boiler, which he was attempting to have drawn across defendant’s track by'two teams of oxen, when defendant’s servant negligently ran an engine and train over said portable engine and boiler. In the second cause of action, he alleged that it was the duty of the defendant, to keep up a certain crossing over its track, and defendant neglected to do so, in consequence of which…
1Opinion of the CourtAvery, J.
after stating the facts: When a person in charge of a wagon and team approaches a public crossing, at which he proposes to pass over a railway track, it is his duty, even though no train is expected at that hour, to look and listen and take every precaution that prudence would suggest to avoid a collision. Wood’s R. L., p. 1302.
According to the undisputed testimony, the witness who was in charge of the wagon went upon the track, in person, without venturing with the team, and, looking in the direction from which the train that injured the engine subsequently came, saw the line clear for more…
2Cases cited11 opinions
- Baltimore & Ohio Railroad v. State ex rel. TrainorCourt of Appeals of Maryland · 1871
- Troy v. Cape Fear & Yadkin Valley RailroadSupreme Court of North Carolina · 1888
- Gunter v. . WickerSupreme Court of North Carolina · 1881
- Wilson v. Norfolk & Southern RailroadSupreme Court of North Carolina · 1884
- Blaine v. C. & O. R. R.West Virginia Supreme Court · 1876
6 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Mosso v. E. H. Stanton Co.Washington Supreme Court · 1913
- Merchants Transportation Co. v. DanielSupreme Court of Florida · 1933
- Pickett v. . R. R.Supreme Court of North Carolina · 1895
- Deans v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Clark v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1891
51 more not listed; retrieve them via the Exa API.