Crawford v. Southern Railway Co.
Supreme Court of North Carolina
ActioN to recover damages for tbe negligent killing of Robert Lytle, trie.d by Adams, J., and a jury, at February Term, 1909, of McDowell.
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ActioN to recover damages for tbe negligent killing of Robert Lytle, trie.d by Adams, J., and a jury, at February Term, 1909, of McDowell. These issues were submitted: 1. “Did tbe negligence of tbe defendant cause tbe death of tbe plaintiff’s intestate, as alleged in tbe complaint ?” Answer: “Yes.” 2. “Did Bob'Lytle, by bis own negligence, contribute to bis injury, as alleged in tbe answer?” Answer: “No.” 3. “Did tbe defendant, after tbe original injury to Bob Lytle, 'cause bis death by its neglect of him while be was in its charge, as alleged?” Answer: . 4. “What damage, if any, has…
1Opinion of the CourtBrown, J.
Tbe intestate, Robert Lytle, was a brakeman, in tbe employ of tbe defendant, on its .yards at Old Fort, and was injured while attempting to mount tbe pilot of one of defendant’s engines while tbe same was in motion and running- on tbe track, about dark, on tbe evening of 20 January, 1907; and of tbe injuries sustained defendant died, on 26 January, six days later.
There was evidence on tbe part of tbe plaintiff fending to show that tbe intestate mounted tbe pilot, on tbe engineer’s side, and that the step on this side of the pilot was loose and gave “way, and that the intestate fell to the…
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- Stewart v. Carpet Co.Supreme Court of North Carolina · 1905
- Smith v. Atlantic & Charlotte Air Line Railway Co.Supreme Court of North Carolina · 1908
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