Baker v. Seaboard Air Line Railway Co.
Supreme Court of North Carolina
AotíoN tried before Long, J., and a jury, at October Term, 1908, of Anson, to recover damages for the negligent killing of Oarl Baker, a boy within one month of fifteen years of age. The usual issues of negligence, contributory negligence, and damages were submitted and found for plaintiff. From the judgment rendered defendant appealed.
1Opinion of the CourtBrown, J.
The defendant, in apt time, entered motions to nonsuit, upon the ground that upon plaintiff’s own evidence he is not entitled to recover — first, because no negligence is shown; second, because the intestate was guilty of' contributory negligence. ¥e are all of opinion that this last contention is so plainly with the defendant that it is unnecessary to consider the first.
These facts appear from plaintiff’s evidence: His son, Carl, fifteen years of age, lacking one month, was killed by jumping from defendant’s work train while running about thirty miles an hour. The train consisted of flat…
2Cases cited13 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
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- Studer v. Southern Pacific Co.California Supreme Court · 1898
- Boland v. Missouri RailroadSupreme Court of Missouri · 1865
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- Burnett v. Roanoke Mills Co.Supreme Court of North Carolina · 1910
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