Perry v. Norfolk Southern Railroad
Supreme Court of North Carolina
Appeal by defendant from Devin, J., at the February Special Term, 1920, of Pasquotank. Tbis is one of three actions, two to recover damages for personal injury, and tbe third, damages for loss of services of a minor son, brought on account of injuries sustained at a public crossing by the train of the defendant striking an automobile in which the plaintiffs were.
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Appeal by defendant from Devin, J., at the February Special Term, 1920, of Pasquotank. Tbis is one of three actions, two to recover damages for personal injury, and tbe third, damages for loss of services of a minor son, brought on account of injuries sustained at a public crossing by the train of the defendant striking an automobile in which the plaintiffs were. The plaintiff Perry was driving the automobile. . He testified as follows: “I was 55 years old last August, and live near Okisko. The railroad crosses the public road at Pasquotank station. The road has been there ever since I can…
1Opinion of the CourtAllen, J.
The principles announced in Goff v. R. R., 179 N. C., 219, fully sustain the ruling of his Honor in refusing to enter judgment of nonsuit.
It was there held that it was the duty of the defendant to give reasonable and timely notice of the approach of its train to a public crossing by ringing the bell or blowing' the whistle, or by doing both when peculiar conditions demanded; that a failure to do so is negligence, and that the evidence of witnesses nearby who testify that they do not hear the ringing of the bell or the blowing of the whistle, is evidence that no such signal was given.
*295We also…
2Cases cited15 opinions
- Johnson v. . R. R.Supreme Court of North Carolina · 1913
- Cooper v. RailroadSupreme Court of North Carolina · 1905
- Johnson v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1913
- Coleman v. . R. R.Supreme Court of North Carolina · 1910
- Judson v. . Central Vermont R.R. Co.New York Court of Appeals · 1899
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3Cited by7 opinions
- Treadwell v. . R. R.Supreme Court of North Carolina · 1915
- Blum v. Southern Railway Co.Supreme Court of North Carolina · 1924
- Williams v. Randolph & Cumberland Railway Co.Supreme Court of North Carolina · 1921
- Williams v. . R. R.Supreme Court of North Carolina · 1921
- Alexander v. . R. R.Supreme Court of North Carolina · 1893
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