Ward v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal by defendant from 0. H. Allen, Jat February Term, 1914, of Oolítmbus. This action was brought by the plaintiff as administrator of Noah Nobles, to recover damages for the alleged negligent killing of his intestate. The facts are few and simple. The intestate, in broad daylight, was walking on the track of the defendant, known as the Conway branch, towards his home, 3 miles away.
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Appeal by defendant from 0. H. Allen, Jat February Term, 1914, of Oolítmbus. This action was brought by the plaintiff as administrator of Noah Nobles, to recover damages for the alleged negligent killing of his intestate. The facts are few and simple. The intestate, in broad daylight, was walking on the track of the defendant, known as the Conway branch, towards his home, 3 miles away. He saw a freight train approaching, and stepped from the main line onto the west side-track, and continued on his journey. The passenger train had already passed by that place. The main track was used as a…
1DissentClark, C. J.
(149) This action was brought by the plaintiff as administrator of Noah Nobles, to recover damages for the alleged negligent killing of his intestate. The facts are few and simple. The intestate, in broad daylight, was walking on the track of the defendant, known as the Conway branch, towards his home, 3 miles away. He saw a freight train approaching, and stepped from the main line onto the west side-track, and continued on his journey. The passenger train had already passed by that place. The main track was used as a walkway by the people in that vicinity, and while it does not clearly…
2Cases cited26 opinions
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
- Northern Pacific Railroad v. FreemanSupreme Court of the United States · 1899
- Purnell v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1898
- Cooper v. RailroadSupreme Court of North Carolina · 1905
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3Cited by16 opinions
- Gunter's Adm'r v. Southern Railway Co.Supreme Court of Virginia · 1920
- Davis v. . R. R.Supreme Court of North Carolina · 1924
- Treadwell v. . R. R.Supreme Court of North Carolina · 1915
- Davis v. Southern Railway Co.Supreme Court of North Carolina · 1916
- Boone v. North Carolina RailroadSupreme Court of North Carolina · 1954
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