Legal Opinion

Randall v. Richmond & Danville Railroad

Supreme Court of North Carolina

Decided September 5, 1889PublishedCited by 33 opinions

Negligence — Presumption—Statute, Construction of — Railroad— Injuries to “Live Stock.” This is a civil ACTION, tried at July Term, 1889, of the Superior Court of MadisoN County, before Clark, J. The action was brought to recover damages for the negligent killing of three oxen, belonging to plaintiff, by the defendant’s engine, running on the W. N. C. Railroad.

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Negligence — Presumption—Statute, Construction of — Railroad— Injuries to “Live Stock.” This is a civil ACTION, tried at July Term, 1889, of the Superior Court of MadisoN County, before Clark, J. The action was brought to recover damages for the negligent killing of three oxen, belonging to plaintiff, by the defendant’s engine, running on the W. N. C. Railroad. The plaintiff testified that he was traveling on the public road, returning from a station on defendant’s road, between 8 and 9 p. m., in July, 1888, and driving the oxen, yoked up to a cart. At one point, about one hundred yards from…

1Opinion of the Court

The action was brought to recover damages for the negligent killing of three oxen, belonging to plaintiff, by the defendant's engine, running on the W. N.C. Railroad.

The plaintiff testified that he was traveling on the public road, returning from a station on defendant's road, between 8 and 9 P. M., in July, 1888, and driving the oxen yoked up to a cart. At one point, about one hundred yards from the station, and just above a regular crossing of the road, the public road ran very close to the (411) railroad; that just above and below this point the public road diverges further from the…

2Cases cited14 opinions

  1. Haas v. Grand Rapids & Indiana RailroadMichigan Supreme Court · 1882
  2. Troy v. Cape Fear & Yadkin Valley RailroadSupreme Court of North Carolina · 1888
  3. Strong v. Sacramento & Placerville RailroadCalifornia Supreme Court · 1882
  4. Doggett v. Richmond & Danville RailroadSupreme Court of North Carolina · 1879
  5. Louisville, Cincinnati & Lexington Railroad v. Goetz's adm'xCourt of Appeals of Kentucky · 1881

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3Cited by33 opinions

  1. Russell v. Carolina Central R. R.Supreme Court of North Carolina · 1896
  2. Cooper v. RailroadSupreme Court of North Carolina · 1905
  3. Cram v. . CramSupreme Court of North Carolina · 1895
  4. Mesic v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1897
  5. Norris v. . R. R.Supreme Court of North Carolina · 1910

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