Brown v. North Carolina Railroad

This is an action for wrongful death. About 8 o’clock on the night of 4 October, 1910, the plaintiff’s intestate was killed by the defendant’s passenger train between Salisbury and Concord, just north of Cook’s Crossing on a track which was straight for over a mile at that point. It is alleged in the complaint that the engineer in charge of the train by proper care and diligence could have seen the intestate of the plaintiff in time to stop before the engine struck him, by using proper appliances; but that the train approached the crossing at a rapid rate of speed and the engineer failed to…