Smith v. Norfolk & Southern Railroad
Supreme Court of North Carolina
AotioN for damages for the negligent killing of plaintiff's intestate by the defendant company, tried before Bynum, J., and a jury, at Spring Term, 1893, of Washington Superior (lourt. The issues submitted to the jury and the responses were as follows: “1. Was Joseph Smith killed by the negligence of the defendant? Answer, Yes. “2. Did the said Joseph Smith, by his own negligence, contribute to his own death? Answer, Yes.
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AotioN for damages for the negligent killing of plaintiff's intestate by the defendant company, tried before Bynum, J., and a jury, at Spring Term, 1893, of Washington Superior (lourt. The issues submitted to the jury and the responses were as follows: “1. Was Joseph Smith killed by the negligence of the defendant? Answer, Yes. “2. Did the said Joseph Smith, by his own negligence, contribute to his own death? Answer, Yes. “3. Could the defendant, by the exercise of reasonable care and prudence, have avoided the injury? Answer, Yes. “4. What damage, if any, is the plaintiff administratrix…
1DissentAvery, J.
I concur witli the Court in so far as the opinion adopts and approves the doctrine laid down in Deans’ case, though the reasoning may not in all respects be in accord with my views. But I do not assent to the conclusion that railroad companies are relieved of liability for negligently killing a drunken man who is lying insensible upon the track, when under exactly similar circumstances a sober man, who had fallen asleep at the same place, would have the right to recover. I freely concede that the Court has found abundant authority and could have arrayed many more citations from text-books and…
2Cases cited13 opinions
- Lake Shore & Michigan Southern Railroad v. MillerMichigan Supreme Court · 1872
- Isbell v. New York & New Haven RailroadSupreme Court of Connecticut · 1858
- Denmark v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1890
- Needham v. San Francisco & San José R.R.California Supreme Court · 1869
- Meeks v. Southern Pacific RailroadCalifornia Supreme Court · 1880
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