Davis v. Southern Railway Co.
Supreme Court of North Carolina
Appeal by plaintiff from a judgment of nonsuit rendered by Daniels, J., at April Term, 1915, of Wake. Tbe plaintiff, on July 17, 1910, it being Sunday, was walking with a companion, Tom Jennings, on that part of defendant’s right of way which lies between the city of Ealeigh and Pullen’s Park, which is about a mile west of defendant’s station at Ealeigh.
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Appeal by plaintiff from a judgment of nonsuit rendered by Daniels, J., at April Term, 1915, of Wake. Tbe plaintiff, on July 17, 1910, it being Sunday, was walking with a companion, Tom Jennings, on that part of defendant’s right of way which lies between the city of Ealeigh and Pullen’s Park, which is about a mile west of defendant’s station at Ealeigh. There are two tracks laid on said right of way from Ealeigh to Cary, about 8 miles distant, which tracks are parallel to each other, with 8 feet of space between the inside rails of each track, or those nearest to each other, the rails being…
1Opinion of the Court
WaleeR, J.,
after stating the case: The evidence must be considered in the view most favorable to the plaintiff.
This Court has held so frequently as to have made it an axiom of the law that a person using the track of a railroad company for a foot-way, whether as trespasser or licensee, does so subject to the undoubted and superior right of the railway company to have the unimpeded use thereof for the operation of its trains, while serving the public in transporting passengers and freight. It i.s bound by the law to receive passengers and freight and to carry them, by the exercise of care and…
2Cases cited34 opinions
- Leisy v. HardinSupreme Court of the United States · 1890
- In Re RahrerSupreme Court of the United States · 1891
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Covington & Cincinnati Bridge Co. v. KentuckySupreme Court of the United States · 1894
- Bullock v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
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