McDonald v. Randolph & Cumberland Railway
Supreme Court of North Carolina
Appeal by defendant from Shaw, J., at January Term, 1914, of Mooke. There was evidence tending to show that, at Hallison Station, Moore County, the two defendant roads crossed each other at grade, and that, on 29 July, 1912, in the daytime, the plaintiff, an employee as section foreman of the defendant the Randolph and Cumberland Railway, while on a -fiat car in front of the engine of a train of that company, going back to Hallison, was seriously injured in a collision on…
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Appeal by defendant from Shaw, J., at January Term, 1914, of Mooke. There was evidence tending to show that, at Hallison Station, Moore County, the two defendant roads crossed each other at grade, and that, on 29 July, 1912, in the daytime, the plaintiff, an employee as section foreman of the defendant the Randolph and Cumberland Railway, while on a -fiat car in front of the engine of a train of that company, going back to Hallison, was seriously injured in a collision on the crossing, between trains of the two defendants; that both trains reached the crossing at practically the same time,…
1Opinion of the CourtHoke, J.
There -was ample evidence to sustain the verdict of culpable negligfence, as to both defendant companies, and, on the record and so far as plaintiff is concerned, there is very little to be said in mitigation of liability on the part of .either. All the evidence tends to show that a collision occurred at a grade crossing in the daytime; that neither train came to any stop at-the crossing, but entered therein at the rate of 15 miles an hour, an act of itself amounting to negligence by the weight of well-considered authority (2 Thompson on 'Negligence, sec. 1403; 6 Oye., p. 624; Elliott on…
2Cases cited9 opinions
- Hemphill v. . Lumber Co.Supreme Court of North Carolina · 1906
- Callahan v. St. Louis Merchants' Bridge Terminal RailroadSupreme Court of Missouri · 1902
- Sigman v. Railroad Co.Supreme Court of North Carolina · 1904
- Twiddy v. Dare Lumber Co.Supreme Court of North Carolina · 1911
- McKnight v. Iowa & Minnesota R. Construction Co.Supreme Court of Iowa · 1876
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Goodman v. Tallahassee Power Co.Supreme Court of North Carolina · 1917