Exum v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal from Guión, J., at April Term, 1910, of Edgecombe. This action is brought to recover damages for the alleged negligent killing of plaintiff’s intestate, Paul Exum. At the conclusion of the evidence a motion to nonsuit was allowed, and plaintiff appealed. The facts are sufficiently stated in the opinion of the Court by Mr. Justice Brown.
1Opinion of the CourtBrown, J.
The evidence in this case was all introduced by the plaintiff and in its most favorable aspect for Mm tends to prove these facts:
The intestate, Paul Exum, was an employee of defendant in its shops at South Rocky Mount, a man of sound mind, about 34 years old and with no bodily infirmity. On the morning of 1 February, 1907, the intestate was walking south on the mainline track of defendant, going from North Rocky Mount, about a mile, to South Rocky Mount to his work. The regular “shop train” of defendant, used to carry employees at the same hour every morning, had left North Rocky Mount on its…
2Cases cited14 opinions
- Meredith v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
- High v. Carolina Central RailroadSupreme Court of North Carolina · 1893
- Norwood v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1892
- Parker v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1882
- Beach v. Southern Railway Co.Supreme Court of North Carolina · 1908
9 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Coleman v. . R. R.Supreme Court of North Carolina · 1910
- Arrowood v. . R. R.Supreme Court of North Carolina · 1900
- Neal v. . R. R.Supreme Court of North Carolina · 1900
- Norris v. . R. R.Supreme Court of North Carolina · 1910
- Davis v. . R. R.Supreme Court of North Carolina · 1924
12 more not listed; retrieve them via the Exa API.