Legal Opinion

Hill v. Norfolk Southern Railroad

Supreme Court of North Carolina

Decided October 27, 1915Published

Appeal by plaintiff from Rountree, J., at the November Term, 1914, of LENOIR. Civil action to recover damages for the alleged killing of intestate by defendant company. At close of plaintiff’s evidence, on motion, there was judgment of nonsuit, and plaintiff excepted and appealed.

1Opinion of the CourtHoke, J.

It has been repeatedly held in this State that the “railroad engineer of a moving train who sees on the track ahead a pedes*741trian, alive and in the apparent possession of bis strength and faculties, the engineer not having information to the contrary, is not required to stop his train or even slacken its speed because of such person’s presence on the track. Under the conditions suggested, the engineer may act on the assumption that the pedestrian will use his faculties for his own protection, and will leave the track in time to save himself from injury” (Abernethy v. R. R., 164 N. C., p. 91,…

2Cases cited4 opinions

  1. Bullock v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
  2. Strickland v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1908
  3. Exum v. . R. R.Supreme Court of North Carolina · 1911
  4. Battle v. . LewisSupreme Court of North Carolina · 1908

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