LeGwin v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal by defendant from Whedbee, J., at February Term, 1915, of New HaNoveR. Civil action to recover damages for physical injury to plaintiff, caused by the alleged negligence of defendant company in backing certain cars into a siding and against other stationary cars therein without giving adequate warning and by reason of which plaintiff received the injuries complained of.
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Appeal by defendant from Whedbee, J., at February Term, 1915, of New HaNoveR. Civil action to recover damages for physical injury to plaintiff, caused by the alleged negligence of defendant company in backing certain cars into a siding and against other stationary cars therein without giving adequate warning and by reason of which plaintiff received the injuries complained of. Defendant answered, denying any negligence on its part, and pleaded contributory negligence on part of plaintiff as the proximate cause of the injury. On the ordinary issues in these cases, negligence and contributory…
1Opinion of the CourtHoke, J.
There were facts in- evidence on part of plaintiff tending to show that there was a spur track from defendant road running into t(he yards of the Chadbourn Lumber Co., in the southern part of the city of Wilmington, this track leaving main line and curving sharply as it entered the yard from the east; that the shops, planing mill, etc., were on the south side of the track, six or eight feet therefrom, and the mill yard extended' across the track for purposes of its work; that, in leaving cars, etc., in the yard, at and near the shops, it was the custom to leave a space between them so that…
2Cases cited5 opinions
- Purnell v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1898
- Lloyd v. Albemarle & Raleigh R. R.Supreme Court of North Carolina · 1896
- Ray v. RailroadSupreme Court of North Carolina · 1906
- Gerringer v. North Carolina RailroadSupreme Court of North Carolina · 1907
- McGoldrick Lumber Co. v. KinsolvingCourt of Appeals for the Ninth Circuit · 1915
3Cited by1 opinion
- Brock v. . R. R.Supreme Court of North Carolina · 1908