Pharr v. Southern Railway Co.
Supreme Court of North Carolina
ActioN by H. N. Pharr, administrator of G-. D. Sinclair, against the Southern Railway Company, heard by Judge W. H. Neal and a jury, at July Term, 1903, of the Superior Court of Mecklenburg County. From a judgment for the defendant the plaintiff appealed.
1Opinion of the CourtMontgomery, J.
It has been decided by this Court over and over ag'ain that a railroad company, through its locomotive engineer on a moving train during day-time, owes no duty to give signals to a pedestrian on its track who is apparently in possession of his faculties, and in the absence of any reason to suppose that he is not. And the reason is that the engineer may reasonably believe, and act upon the belief, that the walker on the track will get off in time to prevent being stricken. McAdoo v. Railroad, 105 N. C., 140; Meredith v. Railroad, 108 N. C., 616; Norwood v. Railroad, 111 N. C., 236; High v…
2Cases cited7 opinions
- Meredith v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
- High v. Carolina Central RailroadSupreme Court of North Carolina · 1893
- Norwood v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1892
- Neal v. Carolina Central RailroadSupreme Court of North Carolina · 1900
- Matthews v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Beach v. Southern Railway Co.Supreme Court of North Carolina · 1908
- 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
- Royster v. Southern Railway Co.Supreme Court of North Carolina · 1908
14 more not listed; retrieve them via the Exa API.