Randall v. Richmond & Danville Railroad
Supreme Court of North Carolina
Negligence — Presumption—Statute, Construction of — Railroad— Injuries to “Live Stock.” This is a civil ACTION, tried at July Term, 1889, of the Superior Court of MadisoN County, before Clark, J. The action was brought to recover damages for the negligent killing of three oxen, belonging to plaintiff, by the defendant’s engine, running on the W. N. C. Railroad.
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Negligence — Presumption—Statute, Construction of — Railroad— Injuries to “Live Stock.” This is a civil ACTION, tried at July Term, 1889, of the Superior Court of MadisoN County, before Clark, J. The action was brought to recover damages for the negligent killing of three oxen, belonging to plaintiff, by the defendant’s engine, running on the W. N. C. Railroad. The plaintiff testified that he was traveling on the public road, returning from a station on defendant’s road, between 8 and 9 p. m., in July, 1888, and driving the oxen, yoked up to a cart. At one point, about one hundred yards from…
1Opinion of the CourtAvery, J.
— after stating the facts: The Gode, §2326, provides that, “when any cattle or other live stock shall be killed by the engines or cars running on any railroad, it shall be prima facie evidence of negligence on the part of the company in any action for damages against said company; Provided, that no person shall be allowed the benefit of this section unless he shall bring his action within six months after his cause of action shall have accrued.”
The Court below was asked to instruct the jury that, when the cattle killed were yoked to a cart, and in charge of a driver, the statute does not…
2Cases cited10 opinions
- Haas v. Grand Rapids & Indiana RailroadMichigan Supreme Court · 1882
- Troy v. Cape Fear & Yadkin Valley RailroadSupreme Court of North Carolina · 1888
- Strong v. Sacramento & Placerville RailroadCalifornia Supreme Court · 1882
- Doggett v. Richmond & Danville RailroadSupreme Court of North Carolina · 1879
- Louisville, Cincinnati & Lexington Railroad v. Goetz's adm'xCourt of Appeals of Kentucky · 1881
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