Davis v. Southern Railway Co.
Supreme Court of North Carolina
Appeal by plaintiff from a judgment of nonsuit rendered by Daniels, J., at April Term, 1915, of Wake. Tbe plaintiff, on July 17, 1910, it being Sunday, was walking with a companion, Tom Jennings, on that part of defendant’s right of way which lies between the city of Ealeigh and Pullen’s Park, which is about a mile west of defendant’s station at Ealeigh.
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Appeal by plaintiff from a judgment of nonsuit rendered by Daniels, J., at April Term, 1915, of Wake. Tbe plaintiff, on July 17, 1910, it being Sunday, was walking with a companion, Tom Jennings, on that part of defendant’s right of way which lies between the city of Ealeigh and Pullen’s Park, which is about a mile west of defendant’s station at Ealeigh. There are two tracks laid on said right of way from Ealeigh to Cary, about 8 miles distant, which tracks are parallel to each other, with 8 feet of space between the inside rails of each track, or those nearest to each other, the rails being…
1DissentOiARK, C. J.
The plaintiff, a boy nearly 14 years old at the time, had his foot cut off by a freight train on Sunday, 17 July, 1910. The train, according to defendant’s evidence, consisted of forty-five sealed box cars and a “shanty” car, and was a “double-header,” i. e., it had two engines in front. The extra engine was in use because the defendant had too much “power” in Selma, and wanted the extra engine in Spencer.
*596The injury occurred shortly after noon, in the cut 285 feet west of Boylan Bridge in the city of Raleigh and in the yard limits of the defendant. At that point there are two tracks running…
Also in this document: Concurring in part, dissenting in part.
2Cases cited10 opinions
- Graney v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1900
- Shives v. Eno Cotton MillsSupreme Court of North Carolina · 1909
- Riley v. . StoneSupreme Court of North Carolina · 1915
- Wood v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1902
- Louisville & Nashville Railroad v. LawsonCourt of Appeals of Kentucky · 1914
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