Means v. Carolina Central Railroad
Supreme Court of North Carolina
Civil ActioN for damages from alleged negligence of defendant in occassioning tbe death of Taylor Means, intestate of plaintiff, tried before Starbuclc, at October Term, 1898, of the Superior Court of MboKleNbueg County.
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Civil ActioN for damages from alleged negligence of defendant in occassioning tbe death of Taylor Means, intestate of plaintiff, tried before Starbuclc, at October Term, 1898, of the Superior Court of MboKleNbueg County. This case was heretofore tried and is reported in 122 N. C., 990. On the nigbt of December 4, 1894, the defendant company were running a mixed freight and passenger train between Charlotte and Rntherfordton, consisting of an engine, nine box cars, two flat cars, a conductor’s - cab and a passenger coach, one of the flat cars being behind and next to the tender of said engine,…
1Opinion of the CourtMontgomery, J.
When tbis case was here at February term, 1898, a new trial was ordered because of an error committed by bis Honor on tbe trial below in instructing tbe jury tbat “it is tbe duty of a railroad company to bave a conductor when there are passengers, and it is negligence not to bave one.” In reference to tbat instruction we said, “Tbe rule would apply where tbe trains are passenger trains, or where a considerable part of tbe train was for tbe accommodation of passengers, and tbe passenger fáre would be a considerable part of tbe inducement to run tbe train. But where tbe train is a freight train…
2Cases cited1 opinion
- Carter v. BuchannonSupreme Court of Georgia · 1847
3Cited by8 opinions
- Ridge v. Norfolk Southern RailroadSupreme Court of North Carolina · 1914
- State v. . SpiveySupreme Court of North Carolina · 1909
- State v. . BetheaSupreme Court of North Carolina · 1923
- Shaw v. Highland Park Manufacturing Co.Supreme Court of North Carolina · 1907
- Means v. Carolina Central RailroadSupreme Court of North Carolina · 1900
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