Gerringer v. North Carolina Railroad
Supreme Court of North Carolina
Civil action to recover damages for the negligent killing of plaintiff’s intestate, tried before Justice, J., and a jury, at April Term, 1907, of GuilfoRd Superior Court.
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Civil action to recover damages for the negligent killing of plaintiff’s intestate, tried before Justice, J., and a jury, at April Term, 1907, of GuilfoRd Superior Court. The following issues were submitted: 1. Was the death of the plaintiff’s intestate caused by the negligence of the defendant’s lessee, as alleged in the complaint ? Answer:. “Yes.” 2. Was the plaintiff’s intestate guilty of contributory negligence, as alleged in the answer ? Answer: “No.” 3. AVhat damage, if any, is plaintiff entitled-to recover of the defendant ? Answer: “Eight thousand dollars.” Erom the judgment rendered…
1Concurrence
Claue, O. J.,
concurring: In view of tbe simultaneous deaths of these two young men at this crossing near Greensboro, and tbe not infrequent instances of death or maiming by railroads at tbe crossings near tbat constantly growing town (many of which have been presented by cases in this Court), tbe railroads might well consider appropriate steps to abolish all grade crossings near tbat and other populous towns in this State wherever accidents at crossings have become numerous. Tbe crossing of public roads by a railroad track on tbe same grade is well-nigh unknown in Europe. It has been…
2Cases cited2 opinions
- Stewart v. RailroadSupreme Court of North Carolina · 1906
- Stewart v. RailroadSupreme Court of North Carolina · 1905