Legal Opinion

James v. Western North Carolina Railroad

Supreme Court of North Carolina

Decided September 5, 1897PublishedCited by 20 opinions

AotioN for damages for the negligent killing of plaintiff’s intestate, tried before Star buck. J., and a jury at May Term, 1897, of Rowan Superior Court. . The facts are stated in the opinion. There was a verdict for the plaintiff for $15,000 but from the ruling of his Honor that the defendant was not liable thereon plaintiff appealed.

1Opinion of the Court

Eurohes, J.:

The Legislature of North Carolina in 1855 passed an Act, known as the charter of the “Western North Carolina Railroad.” Under this charter a company was formed and organized, known as The Western North Carolina Railroad Company. This Company located and constructed a Railroad from Salisbury in the County of Rowan to Paint Rock, in the County of Madison, and also from Asheville in Buncombe County to Murphy in Cherokee County. This road was known and operated as The Western North Carolina Railroad from the date of its construction until April, 1884, when The Western North Carolina…

2Cases cited6 opinions

  1. Keller v. AshfordSupreme Court of the United States · 1890
  2. New York & Maryland Line R. Co. v. WinansSupreme Court of the United States · 1854
  3. Parker v. . BeasleySupreme Court of North Carolina · 1895
  4. Gooch v. . McGeeSupreme Court of North Carolina · 1880
  5. McIver v. . SmithSupreme Court of North Carolina · 1896

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3Cited by20 opinions

  1. Logan v. . R. R.Supreme Court of North Carolina · 1895
  2. Modlin v. Atlantic Fire InsuranceSupreme Court of North Carolina · 1909
  3. Perry v. Western North Carolina RailroadSupreme Court of North Carolina · 1901
  4. Kinston v. . R. R.Supreme Court of North Carolina · 1922
  5. Barker v. RailroadSupreme Court of North Carolina · 1904

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