Legal Opinion
Earnhardt v. Southern Railway Co.
District Court, M.D. North Carolina
Decided March 14, 1968No. Civ. No. C-92-G-66PublishedCited by 1 opinion
1Opinion of the Court
OPINION
HAYES, District Judge:
The motion for a directed verdict against plaintiff on contributory negligence will not be granted unless the evidence of plaintiff together with the inferences reasonable minds might deduce therefrom establish that he was eontributorily negligent which was a proximate cause of his injury.
The failure to stop and walk around where he could see in Baltimore and O. R. Co. v. Goodman, 275 U.S. 66, 48 S.Ct. 24, 72 L.Ed. 167 established a new standard of conduct for injuries at crossings. North Carolina followed it in Harrison v. North Carolina R. Co., 194 N.C. 656, 140…
2Cases cited9 opinions
- Baltimore & Ohio Railroad v. GoodmanSupreme Court of the United States · 1927
- Harrison v. North Carolina RailroadSupreme Court of North Carolina · 1927
- Moseley v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1929
- Butner v. Atlantic & Yadkin Railway Co.Supreme Court of North Carolina · 1930
- Keller v. . R.R. and Davis v. . R. R.Supreme Court of North Carolina · 1933
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3Cited by1 opinion
- Southern Railway Company v. I. C. Earnhardt, Administrator of the Estate of Herbert Hoover Earnhardt, DeceasedCourt of Appeals for the Fourth Circuit · 1969