Horne v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal by plaintiffs from Allen, J., and a jury at April Term, 1915, of CUMBERLAND. Action to recover damages for wrongful death, alleged to have been caused by the negligence of the defendant. Plaintiffs’ intestate was a section foreman of the defendant. He had been at work at New Berlin, and on the night he was killed he and other employees of the defendant went to Farmers on a hand-car.
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Appeal by plaintiffs from Allen, J., and a jury at April Term, 1915, of CUMBERLAND. Action to recover damages for wrongful death, alleged to have been caused by the negligence of the defendant. Plaintiffs’ intestate was a section foreman of the defendant. He had been at work at New Berlin, and on the night he was killed he and other employees of the defendant went to Farmers on a hand-car. He was killed on his return, at night, by an engine of the defendant, which, according to the evidence of the plaintiff, had no headlight. The evidence of the plaintiffs tended to prove that their intestate…
1Opinion of the CourtAlleN, J.
Tbe evidence for tbe plaintiff, wbicb must be accepted as true for tbe purpose of nonsuit, establishes tbe negligence of tbe defendant in tbat it was running its train in tbe night-time without a bead-ligbt, and it is conceded tbat tbe judgment of nonsuit cannot be sustained except upon tbe ground of contributory negligence.
There are two valid objections to coming to this conclusion.
Tbe first is that, while after much discussion tbe rule was adopted tbat a judgment of nonsuit might be entered if it clearly appeared from tbe evidence of tbe plaintiff tbat be was guilty of contributory…
2Cases cited5 opinions
- McNeill v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1914
- Shepherd v. North Carolina RailroadSupreme Court of North Carolina · 1913
- Cullifer v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1915
- Boney v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
- Griffin v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1914
3Cited by15 opinions
- State v. . FulcherSupreme Court of North Carolina · 1922
- Stewart v. . Carpet Co.Supreme Court of North Carolina · 1905
- Davis v. . R. R.Supreme Court of North Carolina · 1924
- Wright v. . R. R.Supreme Court of North Carolina · 1911
- Troxler v. . R. R.Supreme Court of North Carolina · 1899
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