Howard v. Andrews Manufacturing Co.
Supreme Court of North Carolina
Appeal by defendant from Webb, J., at the June Special Term, 1919, of CHEROKEE. This is an action for damages for the alleged negligent killing of a mare owned by the plaintiff.
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Appeal by defendant from Webb, J., at the June Special Term, 1919, of CHEROKEE. This is an action for damages for the alleged negligent killing of a mare owned by the plaintiff. The negligence alleged as a ground for the action was that the defendant so negligently constructed, kept, and maintained its line of railway that at a point where same passed through and over the lands owned by D. F. Howard, husband of the plaintiff, the line of railway passed through a cut so negligently constructed and maintained that for a space of about fifteen feet the bank of said cut projected over the roadbed…
1Opinion of the CourtAllen, J.
The right of way of the defendant is not clearly defined, but, whether extending on both sides of the track beyond the sides of the cut or not, the plaintiffs had the right, as owners, to use any part thereof not required or used for railroad purposes (R. R. v. Bunting, 168 N. C., 580), and it was not contributory negligence for the plaintiffs to permit their horse to run at large in the pasture through which the defendant’s road passed. Winkler v. R. R., 126 N. C., 373.
It was also the duty of the defendant to use all reasonable efforts to protect the property of the plaintiffs, and it is…
2Cases cited2 opinions
- Atlantic Coast Line Railroad v. BuntingSupreme Court of North Carolina · 1915
- Winkler v. Carolina & North Western Railway Co.Supreme Court of North Carolina · 1900
3Cited by3 opinions
- State v. PoolosSupreme Court of North Carolina · 1955
- Coulsen v. Aberdeen-Springfield Canal Co.Idaho Supreme Court · 1929
- Thompson v. McDonaldSupreme Court of North Carolina · 1839