Muse v. Seaboard Air Line Railway Co.
Supreme Court of North Carolina
AotioN tried before Jones, J., and a jury, March Term, 1908, Of SCOTLAND. Plaintiff sues in two causes of action for recovery of damages sustained by personal injuries caused by tbe negligence of defendant. ' The undisputed facts are, that the defendant’s track runs through the town of Laurinburg, east and west, crossing, at right angles, Gill street and McLaurin avenue.
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AotioN tried before Jones, J., and a jury, March Term, 1908, Of SCOTLAND. Plaintiff sues in two causes of action for recovery of damages sustained by personal injuries caused by tbe negligence of defendant. ' The undisputed facts are, that the defendant’s track runs through the town of Laurinburg, east and west, crossing, at right angles, Gill street and McLaurin avenue. Between these two streets, two side-tracks run off from the south side of the main line near Gill street, running nearly parallel with the main line in a westerly direction to, and across, McLaurin avenue. The side-track next…
1Opinion of the Court
OoNNOR, J.,
after stating the case: Plaintiff concedes that “the only exceptions which require notice cluster around the question of contributory negligence.” While it is conceded that the strip of land, upon which plaintiff was standing when he was injured, has been used by the public for many years, it is a part of defendants’ right of way, and by permitting the use of it, as described, they lost none of their rights to use it for “railroad purposes.” A railroad company owns its right of way as a necessary means of discharging its duty as a common carrier to the public, and cannot dispose of…
2Cases cited7 opinions
- Railroad v. OliveSupreme Court of North Carolina · 1906
- Carolina Central Railroad v. McCaskillSupreme Court of North Carolina · 1886
- Ray v. RailroadSupreme Court of North Carolina · 1906
- Holland v. SparksSupreme Court of Georgia · 1894
- Peterson v. RailroadSupreme Court of North Carolina · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Brigman v. . Construction Co.Supreme Court of North Carolina · 1926
- Lewis v. . FountainSupreme Court of North Carolina · 1915
- Brigman v. Fiske-Carter Construction Co.Supreme Court of North Carolina · 1926
- Monroe v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1909
- Money v. . Hotel Co.Supreme Court of North Carolina · 1917
12 more not listed; retrieve them via the Exa API.