Smith v. Salisbury & Spencer Railway Co.
Supreme Court of North Carolina
Appeal by defendant from Goohe, J., at November Term, 1912, of RowaN. Tliis action was brought to recover damages for the negligent killing of plaintiff’s intestate, Cicero L. Wyatt. The defendant’s car was proceeding north on its way from Salisbury to Spencer, running at the rate of about 12 to 15 miles an hour.
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Appeal by defendant from Goohe, J., at November Term, 1912, of RowaN. Tliis action was brought to recover damages for the negligent killing of plaintiff’s intestate, Cicero L. Wyatt. The defendant’s car was proceeding north on its way from Salisbury to Spencer, running at the rate of about 12 to 15 miles an hour. The intestate had been seen walking from Spencer to Salisbury, and when struck by the car was sitting on the west side of the track, with his elbows resting on his knees and “bent over to conform to that position.” There was evidence on the part of the plaintiff that the night was…
1Opinion of the Court
Walicek, J.,
after stating tbe case: We may pretermit any extended reference to tbe evidence as to tbe defective condition of tbe fender, wbicb would be sufficient, perhaps, to justify tbe ruling of tbe court by wbicb tbe nonsuit and tbe instruction were refused. Tbe statute, Acts 1901, ch. 743; Revisal, secs. 2616 and 3801, require that street railway companies shall furnish their cars with “practical fenders” to prevent injuries to those using their tracks. If tbe company did not comply with this provision, it was evidence of negligence, or a circumstance from wbicb negligence could be…
2Cases cited11 opinions
- Sawyer v. Roanoke Railroad & Lumber Co.Supreme Court of North Carolina · 1907
- Henderson v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1912
- Upton v. RailroadSupreme Court of North Carolina · 1901
- Rogers v. City of OmahaNebraska Supreme Court · 1906
- Henderson v. Durham Traction Co.Supreme Court of North Carolina · 1903
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3Cited by5 opinions
- Mercer v. PowellSupreme Court of North Carolina · 1940
- Cummings v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1940
- Mercer v. . PowellSupreme Court of North Carolina · 1940
- Smith v. Charlotte Electric RailroadSupreme Court of North Carolina · 1917
- Middleton v. Norfolk & W. Ry. Co.Court of Appeals for the Fourth Circuit · 1948