Marcom v. Raleigh & Augusta Air Line Railroad
Supreme Court of North Carolina
Civil ActioN to Recover damages for the death of the intestate of plaintiff, alleged to' have been, occasioned, while acting as fireman, by the negligence of defendant company in allowing their road-bed, track cross-ties, and irons to be in unsafe condition, tried before Moore, J., at October Term, 1899, of Wake Superior Court.
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Civil ActioN to Recover damages for the death of the intestate of plaintiff, alleged to' have been, occasioned, while acting as fireman, by the negligence of defendant company in allowing their road-bed, track cross-ties, and irons to be in unsafe condition, tried before Moore, J., at October Term, 1899, of Wake Superior Court. The defendant denied being guilty of negligence, and alleged that their road-bed, tract, cross-ties, rail and irons were in proper condition, and while it admitted the derailment, resulting in the death of the intestate', the fireman in its employment, denied that it…
1Opinion of the CourtDouglas, J.
This is an action brought by the administrator to recover damages for the death of his intestate, alleged to have occurred through the negligence of the defendant. The deceased was a fireman on defendant’s engine, which left the track, resulting in his death. The defendant contended that the accident did not occur through its own negligence, but was the direct result of the malicious act of some outside party in pulling out the spikes and pressing in the end of the forward rail, thus making what is called in railroad parlance a “jack-switch.” The effect of such a switch is to cause the wheels…
2Cases cited2 opinions
- Wright v. Southern Railway Co.Supreme Court of North Carolina · 1898
- Max v. . HarrisSupreme Court of North Carolina · 1899
3Cited by27 opinions
- White Ex Rel. White v. HinesSupreme Court of North Carolina · 1921
- Beck v. Wilkins-Ricks Co.Supreme Court of North Carolina · 1920
- Hemphill v. . Lumber Co.Supreme Court of North Carolina · 1906
- Wright v. Southern RailroadSupreme Court of North Carolina · 1900
- Overcash v. Charlotte Electric Railway Light & Power Co.Supreme Court of North Carolina · 1907
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