Durham v. Wilmington & Weldon Railroad
Supreme Court of North Carolina
Civil ActioN tried at Fall Term, 1879, of Pender Superior Court, before Eure, J. The plaintiff brought this action to recover damages of the defendant company for alleged negligence in killing a mule, the property of plaintiff. The facts of the case are substantially set out in the opinion of this court.
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Civil ActioN tried at Fall Term, 1879, of Pender Superior Court, before Eure, J. The plaintiff brought this action to recover damages of the defendant company for alleged negligence in killing a mule, the property of plaintiff. The facts of the case are substantially set out in the opinion of this court. His Honor intimated that the defendant had rebutted the presumption of negligence, if the facts should be found as stated by the witnesses, and in deference thereto the plaintiff took a nonsuit and appealed. The act of 1857 (Bat. Rev.,ch. 16, § 11,) which makes the fact of killing prima facie…
1Opinion of the Court
Smith, 0. J.
The passenger train of the defendant company left Wilmington at the usual hour and was proceeding north on the night of February 13, 1879, at the usual speed of twenty-eight miles an -hour and on schedule time, when ■the fireman, on the lookout, a little after 9 o’clock, observed some object on the track a few yards ahead and at once gave ■notice to the engineer in charge. The steam throttle was immediately closed and the brakes applied, but before the alarm signal could be blown, or the progress of the moving train perceptibly diminished, it struck and killed the plain tiff’s…
2Cases cited2 opinions
- Doggett v. Richmond & Danville RailroadSupreme Court of North Carolina · 1879
- Proctor v. . W. W. Railroad CompanySupreme Court of North Carolina · 1875
3Cited by5 opinions
- Randall v. Richmond & Danville RailroadSupreme Court of North Carolina · 1889
- Hardison v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1897
- Baker v. Roanoke & Tar River RailroadSupreme Court of North Carolina · 1903
- Randall v. Richmond & Danville RailroadSupreme Court of North Carolina · 1889
- Randall v. Richmond & Danville RailroadSupreme Court of North Carolina · 1890