Hardy v. North Carolina Central Railroad
Supreme Court of North Carolina
This was a Civil Actiok, for the recovery of damages, tried before Henry J. at December (Special) Term, 1875, of New IIawovee Superior Court. The complaint alleges : That the plaintiff is the administrator of the estate of Arnold Hardy, deceased.
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This was a Civil Actiok, for the recovery of damages, tried before Henry J. at December (Special) Term, 1875, of New IIawovee Superior Court. The complaint alleges : That the plaintiff is the administrator of the estate of Arnold Hardy, deceased. The defendant is a corporation under the laws of North Carolina, chartered for the purpose of building and carrying on a railroad, and on the day of the wrongful act, neglect and default complained of, was operating a railroad between Wilmington and Charlotte, North Carolina, and was a common carrier. On the 17th day of June, 1874, Arnold Hardy, the…
1Opinion of the Court
Heads J.
There was an unprecedented rain and freshet. A culvert theretofore sufficient, was then insufficient to let the water pass; and thereby an embankment of the defendants road, ten feet high and sixty feet long, was washed away. About ten o’clock the next day, and some ten hours after the road was washed away an excursion train came on at the usual speed and pitched pell-mell into the gorge; and the intestate of the plaintiff who was a brakesman upon the train was killed.
"Was this the result of negligence on the part of the defendant ? Or was it an unavoidable accident ? That is the only…
2Cited by5 opinions
- Louisville, New Albany & Chicago Railway Co. v. ThompsonIndiana Supreme Court · 1886
- Carrico v. W. Va. Cent. & Pa. R'y. Co.West Virginia Supreme Court · 1891
- Conley v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
- Libby v. Maine Central RailroadSupreme Judicial Court of Maine · 1892
- Sellars v. Richmond & Danville RailroadSupreme Court of North Carolina · 1886