Doggett v. Richmond & Danville Railroad
Supreme Court of North Carolina
Civil ActioN tried at Fall Term, 1878, of Guilford Superior Court, before Kerr, J. This was an action, to recover damages for killing cattle of the plaintiff. The defendant company admitted the value of the cattle, and that they were killed by being run overby an engine on its road. The testimony introduced on the trial, and the charge of the judge to the jury are sufficiently stated in the opinion of this court. Verdict and judgment for plaintiff, appeal by defendant.
1Opinion of the CourtSmith, C. J.
This action is brought to recover damages for the killing and injuring the plaintiff’s cattle by the negligent management and careless running of a freight train over the defendant’s road, in charge of its servants and employees, and within six months thereafter. The killing was admitted, and thereupon, to repel the imputation of negligence, the defendant introduced its brakeman, then on the train, who testified to the following facts: The witness had been in the defendant’s service as fireman for the space of fourteen years and was on the train on the 16th day of June, 1876, when it ran over…
2Cases cited2 opinions
- J. L. Battle v. . W. W. R. R.Supreme Court of North Carolina · 1872
- Jones v. N. C. RailroadSupreme Court of North Carolina · 1874
3Cited by30 opinions
- Aycock v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1883
- State v. . GregorySupreme Court of North Carolina · 1932
- Norwood v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1892
- Randall v. Richmond & Danville RailroadSupreme Court of North Carolina · 1889
- State v. . BaldwinSupreme Court of North Carolina · 1910
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