Legal Opinion

Harrell v. Albemarle & Raleigh Railroad

Supreme Court of North Carolina

Decided February 15, 1892PublishedCited by 4 opinions

Civil action for damages, tried 'at March Term, 1891, of Martin Superior Court, Whitaker, J, presiding. The plaintiff alleged that he was “a practicing physician, and while going from the town of Williamston into the country to attend to his patients, with his horse and buggy, he found it necessary to cross the track of said railroad on a bridge, at a point on the public street in the town of William-ston, which had heretofore been constructed by the defendant company, at a…

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Civil action for damages, tried 'at March Term, 1891, of Martin Superior Court, Whitaker, J, presiding. The plaintiff alleged that he was “a practicing physician, and while going from the town of Williamston into the country to attend to his patients, with his horse and buggy, he found it necessary to cross the track of said railroad on a bridge, at a point on the public street in the town of William-ston, which had heretofore been constructed by the defendant company, at a regular and usual crossing for persons going into the country in the direction the plaintiff was going on a bridge. '…

1Opinion of the CourtClark, J.

after stating the case: This charge was certainly as favorable to the defendant as it had a right to ask; indeed, we think more so, because, notwithstanding the defendant might have failed to provide itself with side tracks sufficient for its business, it did not follow that it had the right to obstruct the public street and crossing by allowing a shanty-car to remain for several days “ ten feet in the street and two feet on the bridge at the crossing,” especially when the jury find from the evidence that such shanty-car so situated was calculated to frighten the plaintiff’s horse.

If the…

2Cases cited2 opinions

  1. Morgan v. Norfolk Southern RailroadSupreme Court of North Carolina · 1887
  2. Myers v. Richmond & Danville RailroadSupreme Court of North Carolina · 1882

3Cited by4 opinions

  1. Norton v. North Carolina RailroadSupreme Court of North Carolina · 1898
  2. Thomason v. RailroadSupreme Court of North Carolina · 1906
  3. Alexander v. Richmond & Danville RailroadSupreme Court of North Carolina · 1893
  4. Duffy v. A. & N. C. RailroadSupreme Court of North Carolina · 1907

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