State v. . Tankersley
Supreme Court of North Carolina
INdictmeNt for murder of C. E. Hall and H. C. Severs, tried before Ferguson, J., and a jury, at May- Term, 1916, of Rowan, the charge being that the killing of these persons was caused by the criminal negligence of the defendants Anderson Tankersley and Arthur Kelly, engineer and fireman on train No. 38, and Clyde Wilson, flagman of train 2d No. 32, both being trains of the Southern Railway Company going-north from Charlotte via Salisbury, N. C., and by reason of which No.…
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INdictmeNt for murder of C. E. Hall and H. C. Severs, tried before Ferguson, J., and a jury, at May- Term, 1916, of Rowan, the charge being that the killing of these persons was caused by the criminal negligence of the defendants Anderson Tankersley and Arthur Kelly, engineer and fireman on train No. 38, and Clyde Wilson, flagman of train 2d No. 32, both being trains of the Southern Railway Company going-north from Charlotte via Salisbury, N. C., and by reason of which No. 38 ran into 2d No. 32, stationary on the north main line of the Southern road, about 1,200 feet south of the railway…
1Opinion of the CourtHoke, J.
We have given tbis case tbe careful consideration that the supreme importance of the issue demands, and are of opinion that the conviction of manslaughter cannot be sustained. The facts in evidence tended to show that on the night of 24 November, 1915, three fast passenger trains of the Southern Kailway departed from the station at Charlotte, N. C.,’going north via Salisbury, No. 32, the regular train from Jacksonville to New York, leaving Charlotte at 8 :06 p. m., second No. 32, the “Baseball Special,” leaving Charlotte at 8:10; No. 38, the S. W. Limited from New Orleans to New York, leáving…
2Cases cited4 opinions
- People v. BarnesMichigan Supreme Court · 1914
- State v. . VinesSupreme Court of North Carolina · 1885
- State v. GoetzSupreme Court of Connecticut · 1910
- State v. MooreSupreme Court of Iowa · 1906
3Cited by34 opinions
- State v. . CopeSupreme Court of North Carolina · 1933
- State v. . RountreeSupreme Court of North Carolina · 1921
- State v. McMahanIdaho Supreme Court · 1937
- State v. . SatterfieldSupreme Court of North Carolina · 1930
- State v. . StansellSupreme Court of North Carolina · 1932
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