Horton v. Seaboard Air Line Railroad
Supreme Court of North Carolina
Appeal by defendant from Long, J., at October Term, 1917, of Uuioh. Tbis is an action of damages for wrongful death under the Federal Employers Liability Act. The plaintiff’s intestate was killed at 4 a. m., 9 February, 1917, in a wreck between Monroe and Wingate about a mile east of Monroe. Said intestate was conductor on the westbound freight train and was proceeding towards Monroe.
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Appeal by defendant from Long, J., at October Term, 1917, of Uuioh. Tbis is an action of damages for wrongful death under the Federal Employers Liability Act. The plaintiff’s intestate was killed at 4 a. m., 9 February, 1917, in a wreck between Monroe and Wingate about a mile east of Monroe. Said intestate was conductor on the westbound freight train and was proceeding towards Monroe. He had placed a caboose and tank car in front of the engine and was pushing them and pulling 36 freight cars when 21 heavily loaded freight cars which had gotten loose at Monroe rolled down the grade, striking…
1Opinion of the CourtClaetc, C. J.
Tbe defendant does not discuss in bis brief Exceptions 3, 5, 6, 7, 11, and 12, wbicb, therefore, under Rule 34, are deemed abandoned.
Tbe plaintiff alleged that tbe death of her intestate was caused by tbe negligence of tbe defendant (1) in allowing loaded freight cars to run down its main line without any one in charge to exercise control over them; (2) in making up a train upon its main line upon a steep grade, and in allowing loaded 'freight cars to stand upon tbe grade without brakes being properly applied; (3) in violently bumping ears left upon tbe grade; (4) in equipping tbe cars wbicb…
2Cases cited14 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
- Texas & Pacific Railway Co. v. RigsbySupreme Court of the United States · 1916
- Fahey v. MalloneeSupreme Court of the United States · 1947
- North Carolina Railroad v. ZacharySupreme Court of the United States · 1914
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- Allred v. Capital Area Soccer League, Inc.Court of Appeals of North Carolina · 2008
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