Strunks v. . Payne
Supreme Court of North Carolina
Appeal by defendants from Long, J., at March Term, 1922, of Guilfoed. This is an action by plaintiff, as administratrix of her husband, to recover damages for his death caused by the alleged negligence of the defendant Southern Railway Company. • It was admitted that he was killed 9 November, 1920; that the plaintiff is the widow and adminis-tratrix of the testator, and that he also left surviving him three minor children.
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Appeal by defendants from Long, J., at March Term, 1922, of Guilfoed. This is an action by plaintiff, as administratrix of her husband, to recover damages for his death caused by the alleged negligence of the defendant Southern Railway Company. • It was admitted that he was killed 9 November, 1920; that the plaintiff is the widow and adminis-tratrix of the testator, and that he also left surviving him three minor children. The jury found upon the issues submitted that the plaintiff’s intestate was killed by the negligence of the defendant railway company, as alleged in the complaint; that he…
1Opinion of the Court
Walker, J.,
after stating tbe case: It appears tbat there was. sufficient evidence in the case to warrant the jury in finding that the task of Strunks on this occasion was beyond his power to perform alone with reasonable safety; that the defendant had failed in its duty to furnish sufficient help. If so, this was actionable negligence, provided such ■failure was the proximate cause of the death. Pigford v. R. R., 160 N. C., 93. That case also holds that the doctrine of the assumption of risk relates to the servant’s knowledge of the ordinary risks incident to his employment, and which he is…
2Cases cited21 opinions
- Chesapeake & Ohio Railway Co. v. KellySupreme Court of the United States · 1916
- Johnson v. . R. R.Supreme Court of North Carolina · 1913
- Pickett v. . R. R.Supreme Court of North Carolina · 1895
- Wilkinson v. . DunbarSupreme Court of North Carolina · 1908
- Pickett v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1895
16 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Hubbard v. Southern Railway Co.Supreme Court of North Carolina · 1932
- Deere v. Southern Pac. Co.Court of Appeals for the Ninth Circuit · 1941
- Graham v. Atlantic Coast Line R. Co.Supreme Court of North Carolina · 1954
- St. Louis-S. F. Ry. Co. v. FloydSupreme Court of Oklahoma · 1930
- Inge v. . R. R.Supreme Court of North Carolina · 1926
15 more not listed; retrieve them via the Exa API.