Herring v. Wilmington & Raleigh Rail Road
Supreme Court of North Carolina
Appeal from Sampson Superior Court of Law at a Special Term in December 1849, his Honor Judge Battle presiding. This was an action of the case, brought by the plaintiff to recover damages of the defendants for negligent management of their cars, whereby one of the plaintiff’s slaves was killed and another badly wounded.
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Appeal from Sampson Superior Court of Law at a Special Term in December 1849, his Honor Judge Battle presiding. This was an action of the case, brought by the plaintiff to recover damages of the defendants for negligent management of their cars, whereby one of the plaintiff’s slaves was killed and another badly wounded. On the trial it was proved, fhat, on a certain Sunday in the month of August 1845, about two o’clock in the afternoon, a train of cars, belonging to the defendants, was passing along their road at the usual rate of 15 or 20 miles an hour, when the wheels of the cars passed…
1Opinion of the CourtPearson, J.
The gravamen of the action is negligence on the part of the defendants through their agent, and the question is, was there evidence of negligence.
It was proven, that the cars ran over two negroes of the plaintiff, killing one and injuring the other ¡and the plaintiff insists, that, from this fact, the law implies negligence. The position is not tenable, that whenever damage is done, the law implies negligence. The bare statement of the proposition shows its fallacy. The cases of Ellis v. Ports. Roan R. R. Co. 2 Ire. 138, and Peggit v. East. Co, Rail Road, 54 E. C. L. R. 229, were relied on as…
Also in this document: Per curiam.
2Cited by10 opinions
- Pickett v. . R. R.Supreme Court of North Carolina · 1895
- Clark v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1891
- Redmon v. . R. R.Supreme Court of North Carolina · 1928
- Deans v. . R. R.Supreme Court of North Carolina · 1890
- Redmon v. Southern Railway Co.Supreme Court of North Carolina · 1928
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