Treadwell v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal by plaintiff from Peebles, J., at tbe February Term, 19.15, of SAMPSON. Tbe action was brought to recover damages for the negligent billing of the deceased by the defendant’s train, which, it is alleged, was running between Parkersburg and G-arland, on the night of 12 September, 1913. He had attended a revival at Garland that night and went home from there in company with Lula Lamb.
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Appeal by plaintiff from Peebles, J., at tbe February Term, 19.15, of SAMPSON. Tbe action was brought to recover damages for the negligent billing of the deceased by the defendant’s train, which, it is alleged, was running between Parkersburg and G-arland, on the night of 12 September, 1913. He had attended a revival at Garland that night and went home from there in company with Lula Lamb. They walked on the railroad track from Garland towards Parkersburg about 2% miles and then turned from the track to the east and walked to her home, where they arrived between 11 and 12 o’clock. They met a…
1Opinion of the Court
Waleer, J.,
after stating the case: We have so recently and with so much amplitude discussed the principles of law relating to trespassers and licensees on railroad tracks, and applied them in so many different ways, it would seem that the subject had been well-nigh exhausted, and the rules pertinent to such cases had been finally and firmly settled. We shall not, therefore, “thresh this old straw” again, but content ourselves with a reference, though not a literal one, to two decisions of this Court where the doctrine has been traced from its origin through a long line of cases to the present…
2Cases cited16 opinions
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Bullock v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Meredith v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
- High v. Carolina Central RailroadSupreme Court of North Carolina · 1893
- Norwood v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1892
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3Cited by7 opinions
- Arrowood v. . R. R.Supreme Court of North Carolina · 1900
- Dernberger v. Baltimore & O. R. Co.Court of Appeals for the Fourth Circuit · 1917
- Exum v. . R. R.Supreme Court of North Carolina · 1911
- McAdoo v. . RailroadSupreme Court of North Carolina · 1890
- Calloway v. Pennsylvania R.Court of Appeals for the Fourth Circuit · 1932
2 more not listed; retrieve them via the Exa API.