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…
1DissentWalkeb, J.
Plaintiffs sued to recover damages for the death of their intestate, caused, as they alleged, by the negligence of the defendant. -The evidence was to the effect that W. B. Horne- was, on 14 September, 1915, employed by defendant as foreman of an extra section force, and on the night of said day he rode on his lever- or hand-oar- with six other employees from New Berlin to Farmers station, about 4 miles distant, and remained at the latter place several hours, at his uncle’s home, on his own business. His shanty-car was at New Berlin. ' He started back to Farmers station about midnight on the…
2Cases cited34 opinions
- Stewart v. Carpet Co.Supreme Court of North Carolina · 1905
- Ridge v. Norfolk Southern RailroadSupreme Court of North Carolina · 1914
- Sawyer v. Roanoke Railroad & Lumber Co.Supreme Court of North Carolina · 1907
- High v. Carolina Central RailroadSupreme Court of North Carolina · 1893
- Dunnevant v. Southern Railway Co.Supreme Court of North Carolina · 1914
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