Pusey v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal by defendant from Goimor, Jat tbe September Term, 1920,, of SAMPSON. This is a civil action to recover damages for wrongful death alleged to have been caused by the negligence of the defendant. Randall Pusey, plaintiff’s intestate, together with Henry Yann and Festus Turlington, were going from Falcon to Fayetteville, riding in a Ford runabout, Yann being the owner and driver of the car.
Read the full summary
Appeal by defendant from Goimor, Jat tbe September Term, 1920,, of SAMPSON. This is a civil action to recover damages for wrongful death alleged to have been caused by the negligence of the defendant. Randall Pusey, plaintiff’s intestate, together with Henry Yann and Festus Turlington, were going from Falcon to Fayetteville, riding in a Ford runabout, Yann being the owner and driver of the car. The public road upon which the jflaintiff’s- intestate was traveling crosses the Atlantic Coast Line Railroad just above Wade Station in Cumberland County at an acute angle. At the time of the injury…
1Opinion of the CourtAlleN, J.
The charge states clearly the contentions of the parties, and covers the first and third exceptions by specific instructions.
The courts recognize the doctrine included in the second prayer for-instruction, but, as is said in Withey v. Fowler, 164 Iowa, 377: “It is. somewhat difficult to state a comprehensive definition of what constitutes á joint enterprise as applied to this class of cases, but it is perhaps sufficiently accurate for present purposes to say that to impute a driver’s negligence to another occupant of his carriage, the relation between them must be shown to be something more…
2Cases cited10 opinions
- Withey v. Fowler Co.Supreme Court of Iowa · 1914
- Beard v. KlusmeierCourt of Appeals of Kentucky · 1914
- Bagwell v. . R. R.Supreme Court of North Carolina · 1914
- Crampton v. Ivie Bros.Supreme Court of North Carolina · 1900
- Duval v. . R. R.Supreme Court of North Carolina · 1904
5 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Ballinger v. . ThomasSupreme Court of North Carolina · 1928
- White v. Carolina Realty Co.Supreme Court of North Carolina · 1921
- Bagwell v. . R. R.Supreme Court of North Carolina · 1914
- Earwood v. Southern Railway Co.Supreme Court of North Carolina · 1926
- Parrish v. . R. R.Supreme Court of North Carolina · 1942
21 more not listed; retrieve them via the Exa API.