Stewart v. Cary Lumber Co.
Supreme Court of North Carolina
Civil actiON, tried before Peebles, J., and a jury, at November Term, 1906, of tbe Superior Court of Harnett County. From judgment for plaintiff defendant appealed. Tbe facts sufficiently appear in tbe opinion of tbe Court.
1Concurrence
Qlaek, O. J.,
concurring, in part: I concur in the opinion of Mr. Juskice Brown that, when the whistle is Hoavu, either negligently or willfully, to frighten horses, the corporation is responsible for any damages resulting therefrom.
In Dunn v. Railroad, 124 N. C., 257, it is said, citing authorities: “ 'Although a railroad company is not liable, *57under ordinary circumstances, for the fright of horses, caused by the operation of its road in the usual manner, it is liable for frightening horses and causing- injury by unnecessary and excessive whistling or letting off steam under such…
2Cases cited44 opinions
- Lake Shore & Michigan Southern Railway Co. v. PrenticeSupreme Court of the United States · 1893
- Milwaukee & St. Paul Railway Co. v. ArmsSupreme Court of the United States · 1876
- Philadelphia, Wilmington, & Baltimore Railroad v. QuigleySupreme Court of the United States · 1859
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Denver & Rio Grande Railway v. HarrisSupreme Court of the United States · 1887
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