Cooper v. Railroad
Supreme Court of North Carolina
ActioN by Mary W. Cooper, Administratrix of W. A. Cooper, v. North Carolina Railroad Co., to recover damages for alleged negligent killing of plaintiff’s intestate, heard by Judge E. B. Jones and a jury, at April Term, 1905, of the Superior Court of Caswell. The ordinary issues -in such actions were submitted.
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ActioN by Mary W. Cooper, Administratrix of W. A. Cooper, v. North Carolina Railroad Co., to recover damages for alleged negligent killing of plaintiff’s intestate, heard by Judge E. B. Jones and a jury, at April Term, 1905, of the Superior Court of Caswell. The ordinary issues -in such actions were submitted. There was evidence of plaintiff tending to show that intestate was killed in attempting to drive his wagon over defendant’s road at a public crossing, and by reason of the negligent failure on the part of defendant in giving the ordinary and usual signals at crossings, and that such…
1DissentClark, C. J.
In the first part of the fourth instruction given for the plaintiff, the court charged upon the issue of contributory negligence that the traveler “must look and listen when approaching a crossing, and his failure to look and listen when such warning (by the railroad) is given is negligence, and if such failure should cause his death, no recovery could be had for it.” The court then added: “But *223when the train does not give timely and reasonable warning of its coming, it is not contributory negligence in a traveler to go upon the track without looking and listening for the approach of a train,…
2Cases cited12 opinions
- New York & New England Railroad v. BristolSupreme Court of the United States · 1894
- Louisville & Nashville Railroad v. KentuckySupreme Court of the United States · 1896
- Texas & Pacific Railway Co. v. CodySupreme Court of the United States · 1897
- Russell v. Carolina Central R. R.Supreme Court of North Carolina · 1896
- Wabash Railroad v. DefianceSupreme Court of the United States · 1897
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