Hardison v. Atlantic & North Carolina Railroad
Supreme Court of North Carolina
AotioN for damages against the defendant railroad company for killing stock, tried oti appeal before Robinson, Plaintiff then introduced a witness, who testified as follows: “It was thirty steps from the bridge to where she was struck, and she was dragged thirty steps. I heard the train blowing. I saw a cow’s tracks in middle of track at a point just before the point at which the train struck the cow.”
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AotioN for damages against the defendant railroad company for killing stock, tried oti appeal before Robinson, Plaintiff then introduced a witness, who testified as follows: “It was thirty steps from the bridge to where she was struck, and she was dragged thirty steps. I heard the train blowing. I saw a cow’s tracks in middle of track at a point just before the point at which the train struck the cow.” His Honor instructed the jury that the plaintiff had failed to make out a case of negligent killing against tne defendant and that they should answer the first issue “No.”' The jury so found.…
1Opinion of the Court
Fubohes, J.:
This action was commenced in the court of a justice of the peace to recover damages for killing a cow. The plaintiff’s evidence showed that defendant’s train ran. over plaintiff’s cow and killed her and that this action was commenced within less than three months thereafter and. rested his case. The defendant introduced evidence tending to show there was no negligence on the part of the defendant in killing the cow, and rested.
At the close of'the evidence the court instructed the jury as follows: “That plaintiff had failed to make out a case of negligent killing against the…
2Cases cited2 opinions
- Doggett v. Richmond & Danville RailroadSupreme Court of North Carolina · 1879
- Durham v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1880
3Cited by15 opinions
- Cox v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1898
- Everett v. Receivers of Richmond & Danville RailroadSupreme Court of North Carolina · 1897
- Cable v. Southern Railway Co.Supreme Court of North Carolina · 1898
- Anniston National Bank v. School Committee of DurhamSupreme Court of North Carolina · 1897
- Gates v. . MaxSupreme Court of North Carolina · 1899
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