Norris v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal from W. B. Allen, J., at November Term, 1909, of IÍARNETT. There was evidence on the part of plaintiff which tended to show.that on the night of 4 June, 1906, plaintiff, with a comrade, one J. H. Stewart, left the village of Benson, a station on defendant’s road, and were walking along the track towards Dunn; that they left Benson about 10 :30 P. M., just after the regular train had passed, and at a point about 2% miles from Benson, Stewart said, “Let’s rest,” and sat…
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Appeal from W. B. Allen, J., at November Term, 1909, of IÍARNETT. There was evidence on the part of plaintiff which tended to show.that on the night of 4 June, 1906, plaintiff, with a comrade, one J. H. Stewart, left the village of Benson, a station on defendant’s road, and were walking along the track towards Dunn; that they left Benson about 10 :30 P. M., just after the regular train had passed, and at a point about 2% miles from Benson, Stewart said, “Let’s rest,” and sat down on a cross-tie with his head a little dropped; that while Stewart was so placed, and plaintiff was standing across…
1Opinion of the Court
Hoke, J.,
after stating the case: It has been repeatedly held with us that where a person is traveling along a highway, so close to a railroad track and in such a position that the approach of a train should be adverted to, in the exercise of reasonable care for his own safety, or where a person is on the track, at a place where travelers are habitually accustomed to use the same for a walkway, they have a right to rely, to some extent and under some conditions, upon the signals and warnings- to be given by trains at public crossings and other points where such signals are usually and…
2Cases cited14 opinions
- Eckert v. . the Long Island Railroad Co.New York Court of Appeals · 1871
- Haas v. Grand Rapids & Indiana RailroadMichigan Supreme Court · 1882
- Troy v. Cape Fear & Yadkin Valley RailroadSupreme Court of North Carolina · 1888
- Hinkle v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
- Maryland Steel Co. v. MarneyCourt of Appeals of Maryland · 1898
9 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Highland v. Wilsonian Investment Co.Washington Supreme Court · 1932
- Kambour v. Boston & Maine RailroadSupreme Court of New Hampshire · 1913
- Davis v. . R. R.Supreme Court of North Carolina · 1924
- Parker v. . R. R.Supreme Court of North Carolina · 1921
- Partin v. Carolina Power and Light Co.Court of Appeals of North Carolina · 1979
14 more not listed; retrieve them via the Exa API.