Haynes v. Railroad
Supreme Court of North Carolina
ActioN by Bettie "W. Haynes, executrix of Tyler D. Haynes, against North Carolina Railroad Company, beard by -Judge Henry B. Brycm and a jury, at the April Term, 1906, of the Superior Court of MecKleNbubg. This was an action brought by the plaintiff executrix for the recovery of damages sustained by reason of the'death of her testator on account of the alleged negligence of defendant’s lessee.
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ActioN by Bettie "W. Haynes, executrix of Tyler D. Haynes, against North Carolina Railroad Company, beard by -Judge Henry B. Brycm and a jury, at the April Term, 1906, of the Superior Court of MecKleNbubg. This was an action brought by the plaintiff executrix for the recovery of damages sustained by reason of the'death of her testator on account of the alleged negligence of defendant’s lessee. Plaintiff’s testator was, on the night of 9 June, 1904, in the employment of Southern Railway Company, the lessee of defendant, in the capacity of locomotive engineer, and, in the discharge of his duty,…
1Opinion of the Court
OoNNoe, J.,
after stating tbe case: Tbe well-prepared briefs and arguments in this appeal present tbe merits clearly, and in tbe light of the pleadings the decision turns upon two questions: First. Has the defendant, as a matter of law, successfully met the presumption of negligence raised by the fact that the switch was misplaced, by reason whereof the engine attached to train No. 40 collided with the box-cars on the siding ? Second. Was there toy competent evidence tending to show that the rule introduced by defendant governing plaintiff’s testator in the management of the engine was, by…
2Cases cited7 opinions
- Barry v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Whittaker v. . D. H.C. Co.New York Court of Appeals · 1891
- Pennsylvania Co. v. RoneyIndiana Supreme Court · 1883
- Biles v. RailroadSupreme Court of North Carolina · 1905
- Hall v. Chicago, Burlington & Northern RailroadSupreme Court of Minnesota · 1891
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- Bordeaux v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1909
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