Hunt v. North Carolina Railroad
Supreme Court of North Carolina
Appeal by defendant from Lyon, J., at January Term, 1915, of GrUILEORI). Civil action. The action was to recover damages for the alleged negligent killing of the intestate, and there was evidence on the part of plaintiff tending .to show that on 3 June, 1914, intestate and others were in an automobile going to their work about seven miles west of Greensboro, and, as they were endeavoring to cross the track of defendant company at a much-frequented crossing, just beyond the…
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Appeal by defendant from Lyon, J., at January Term, 1915, of GrUILEORI). Civil action. The action was to recover damages for the alleged negligent killing of the intestate, and there was evidence on the part of plaintiff tending .to show that on 3 June, 1914, intestate and others were in an automobile going to their work about seven miles west of Greensboro, and, as they were endeavoring to cross the track of defendant company at a much-frequented crossing, just beyond the city limits, they were run on by the train of defendant company, the machine crushed and intestate killed; that the car…
1Opinion of the CourtHoKe, J.
The question of defendant’s liability on the first issue was submitted to the jury in two aspects:
1. That the train approached the crossing without adequate warning, thereby wrongfully causing the death of intestate. .
2. That the crossing was in a defective condition, impeding the progress of the car, and that this was a contributing and proximate cause of the killing.
There was evidence on the part of plaintiff tending to establish the first proposition, and it was proper, therefore, .to submit the issue to the jury; but on careful consideration of the record we are of opinion that there were…
2Cases cited6 opinions
- Bagwell v. . R. R.Supreme Court of North Carolina · 1914
- Nonn v. Chicago City Railway Co.Illinois Supreme Court · 1908
- Crampton v. Ivie Bros.Supreme Court of North Carolina · 1900
- Shepard v. Norfolk & Southern RailroadSupreme Court of North Carolina · 1914
- City of Elkins v. Western Maryland Railway Co.West Virginia Supreme Court · 1915
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Bagwell v. . R. R.Supreme Court of North Carolina · 1914
- Crampton v. Ivie Bros.Supreme Court of North Carolina · 1900
- Perry v. . R. R.Supreme Court of North Carolina · 1920
- Pusey v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1921
- Dillon v. City of Winston-SalemSupreme Court of North Carolina · 1942
10 more not listed; retrieve them via the Exa API.