Fleming v. Washington & Vandemere Railroad
Supreme Court of North Carolina
Appeal by plaintiff from Bond,, J., at October Term, 1914, of Beau-poet. Tbis action was brought to recover the value of a cow which plaintiff alleges was killed on the defendant’s track by its negligence. The plaintiff testified for himself, that he found the cow on the right of way of the railroad company about two days after the injury.
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Appeal by plaintiff from Bond,, J., at October Term, 1914, of Beau-poet. Tbis action was brought to recover the value of a cow which plaintiff alleges was killed on the defendant’s track by its negligence. The plaintiff testified for himself, that he found the cow on the right of way of the railroad company about two days after the injury. He then called as a witness the engineer of the defendant railroad company, who testified that on the night of 27 August, 1910, he was running an engine of the defendant railroad company; that it was very dark and raining; that the railroad-bed was in good…
1Opinion of the Court
Walker, J".,
after stating the facts: The judgment of the court was manifestly correct. There was no presumption or prima facie case of negligence, under the statute, Revisal, sec. 2645, as the action was not commenced within six months after the animal was killed, and it is provided therein that “no person shall be allowed the benefit of this section unless he shall bring his suit within six months after his cause of action shall have accrued.” He offered no legal excuse for his delay in suing. That some one, without authority to represent the railroad, told him that an action would not be…
2Cases cited8 opinions
- Munden v. . CaseySupreme Court of North Carolina · 1885
- Robertson v. Plymouth Lumber Co.Supreme Court of North Carolina · 1914
- McEntyre v. Levi Cotton MillsSupreme Court of North Carolina · 1903
- Proctor v. . W. W. Railroad CompanySupreme Court of North Carolina · 1875
- Flowers v. . AlfordSupreme Court of North Carolina · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. . CaseySupreme Court of North Carolina · 1931
- State v. CaseySupreme Court of North Carolina · 1931
- Guy Frye & Sons, Inc. v. FrancisSupreme Court of North Carolina · 1955
- Crissman v. . PalmerSupreme Court of North Carolina · 1945
- Sanford v. Junior Order of United American MechanicsSupreme Court of North Carolina · 1918
1 more not listed; retrieve them via the Exa API.