Davidson v. Seaboard Air Line Railway Co.
Supreme Court of North Carolina
Appeal by defendant from Webb, J., at September Term, 1915, of MeokleNbtog. Action to recover damages for the wrongful death of the plaintiff’s intestate, caused, as the plaintiff alleges, by the negligence of the defendant. The defendant denies that it was guilty of negligence and pleads that the death of the intestate was caused by her own contributory negligence.
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Appeal by defendant from Webb, J., at September Term, 1915, of MeokleNbtog. Action to recover damages for the wrongful death of the plaintiff’s intestate, caused, as the plaintiff alleges, by the negligence of the defendant. The defendant denies that it was guilty of negligence and pleads that the death of the intestate was caused by her own contributory negligence. The plaintiff introduced the following evidence: J. A. Overcash, a witness for the plaintiff, testified: “The main line of the defendant, extending from Charlotte to Shelby, runs about parallel to West Eleventh Street, and within…
1Opinion of the CourtAlleN, J.
The defendant does not contend that there is no evidence of negligence, but it insists that on the evidence introduced by the plaintiff his intestate was guilty of contributory negligence, in that she was killed upon a public crossing and' that she entered thereon without looking and listening.
The rule prevails very generally and is firmly established in our law that it is the duty of a traveler, whether on foot or in some vehicle, to look and listen before entering upon-a railroad crossing, and that his failure to do so is negligence which will bar a recovery if it is the proximate cause of…
2Cases cited4 opinions
- Johnson v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1913
- Sherrill v. RailroadSupreme Court of North Carolina · 1905
- Fann v. North Carolina RailroadSupreme Court of North Carolina · 1911
- Talley v. Southern Railway Co.Supreme Court of North Carolina · 1913
3Cited by10 opinions
- Davis v. BoggsArizona Supreme Court · 1921
- Doremus Ex Rel. Rentz v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1963
- Cox v. GallamoreSupreme Court of North Carolina · 1966
- Davidson v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1916
- Andersen v. Southern Pacific Co.Oregon Supreme Court · 1940
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