Legal Opinion

Fulp v. Roanoke & Southern Railroad

Supreme Court of North Carolina

Decided February 5, 1897PublishedCited by 21 opinions

Ciytl actioN for damage for the alleged negligent b illing of a plaintiff’s intestate by defendant, tried beforellohe, J., and a jury, at December Term, 1896, of FoRsyth Superior Court. There was a verdict for the defendant, and from the judgment thereon plaintiff appealed,

1Opinion of the Court

FuecheS; J.:

This is an action for damages, in which the plaintiff, administratrix, alleges that defendant negligently ran over and killed her intestate, Wesley Fulp. The killing was admitted to have been done by a freight train on defendant’s road, in the night time, near a public crossing about one mile north of Denney. The train that killed the intestate was going south, and struck the intestate “30 or 40” yards north of the crossing. There was a curve in the road just before reaching the crossing. Lacy, the engineer, was introduced by the defendant and testified: “I was engineer. I had…

2Cases cited3 opinions

  1. Pickett v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1895
  2. Lloyd v. Albemarle & Raleigh R. R.Supreme Court of North Carolina · 1896
  3. Smith v. Norfolk & Southern RailroadSupreme Court of North Carolina · 1894

3Cited by21 opinions

  1. Pickett v. . R. R.Supreme Court of North Carolina · 1895
  2. Bogan v. Carolina Central RailroadSupreme Court of North Carolina · 1901
  3. Powell v. Southern Railway Co.Supreme Court of North Carolina · 1899
  4. West Construction Co. v. Atlantic Coast Line Railway Co.Supreme Court of North Carolina · 1923
  5. Shepherd v. North Carolina RailroadSupreme Court of North Carolina · 1913

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