Crutchfield v. Richmond & Danville Railroad
Supreme Court of North Carolina
Negligence — Liability of Master — Judge’s Charge? Civil ActioN, tried at Eall Term, 1876, of Forsythe Superior Court before Kerr, J. The plaintiff was a brakesman on that portion of defendant’s road known as the North Western N. C. Rail Road,, and while in the discharge of his duty as such was badly and permanently crippled by a defective engine and road bed of defendant company. This action was brought to recover damages for the injuries so received.
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Negligence — Liability of Master — Judge’s Charge? Civil ActioN, tried at Eall Term, 1876, of Forsythe Superior Court before Kerr, J. The plaintiff was a brakesman on that portion of defendant’s road known as the North Western N. C. Rail Road,, and while in the discharge of his duty as such was badly and permanently crippled by a defective engine and road bed of defendant company. This action was brought to recover damages for the injuries so received. The evidence was that the engine was defective and one witness testified “that while engaged on the road as fireman he had seen the engine…
1Opinion of the CourtReade, J.
1st. An accident is “ an event from an unknown cause,” or ‘ an unusual and unexpected event from a known cause,” “chance, casualty.” As if a railroad bed be in good order and the engine and cars be in good order, and the engineer and other attendants be skilful and careful; and yet a rail breaks, the train is crushed and the employees and passengers are killed that is an unusual and unexpected event from a known cause, an accident.
But if the track be out of order and the engine worn and unmanageable and on account thereof there be the like re-silt as above stated on the good road,that is not…
2Cases cited1 opinion
- Hardy v. . R. R.Supreme Court of North Carolina · 1876
3Cited by7 opinions
- Raiford v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1902
- Overcash v. Charlotte Electric Railway Light & Power Co.Supreme Court of North Carolina · 1907
- Hardy v. . R. R.Supreme Court of North Carolina · 1876
- Towler v. New Jersey Adamant Manufacturing Co.Supreme Court of New Jersey · 1909
- Owners Insurance Company v. MM Shivah LLCDistrict Court, E.D. North Carolina · 2022
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