Legal Opinion

Stewart v. Railroad

Supreme Court of North Carolina

Decided March 28, 1905PublishedCited by 7 opinions

ActioN by Mary Stewart, administrator of S. T. Stewart, against Raleigb and Augusta Air Line Railroad Company and another, beard before Judge B. F. Long and a jury, at October Term, 1904, of tbe Superior Court of Wake County. From a judgment of nonsuit, plaintiff appealed.

1Opinion of the CourtClark, C. J.

This is an action for damages for negligently killing plaintiff’s intestate, S. T. Stewart, a locomotive engineer in defendant’s service. On 23 June, 1903, be was ordered to take engine No. 200 and tender and run “extra” from Raleigb to Hamlet, on tbe main line, over probably tbe busiest part of tbe system. No.t running on any schedule be was necessarily subject in bis movements to telegraphic orders. He bad such telegraphic orders to 'páss tbe regular freight, No. 8, ,at Yass and notice that regular passenger train No. 66 was running forty minutes late, but no order that be would pass No. 6…

Also in this document: Concurrence.

2Cases cited11 opinions

  1. Coffin v. United StatesSupreme Court of the United States · 1895
  2. Russell v. Carolina Central R. R.Supreme Court of North Carolina · 1896
  3. Wright v. Southern RailroadSupreme Court of North Carolina · 1900
  4. Marcom v. Raleigh & Augusta Air Line RailroadSupreme Court of North Carolina · 1900
  5. Fulp v. Roanoke & Southern RailroadSupreme Court of North Carolina · 1897

6 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Overcash v. Charlotte Electric Railway Light & Power Co.Supreme Court of North Carolina · 1907
  2. Wright v. Caney River Railway Co.Supreme Court of North Carolina · 1909
  3. Stewart v. RailroadSupreme Court of North Carolina · 1906
  4. Mumpower v. Black Mountain Railway Co.Supreme Court of North Carolina · 1917
  5. Gerringer v. North Carolina RailroadSupreme Court of North Carolina · 1907

2 more not listed; retrieve them via the Exa API.

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