Russell v. Carolina Central R. R.
Supreme Court of North Carolina
Civil aotioN, tried before TimberlaJce, J., at August Term, 1895, of UNION Superior Court. Verdict and judgment for plaintiff. Defendant appealed. The following issues were submitted to the jury and agreed to, except 3d, which was objected to by the defendant, upon ground there was no evidence to support it, to-wit: “ 1st. Was the plaintiff injured, as described in the complaint, by the negligence of the defendant railroad company ? Answer: ‘Yes.’ “ 2d.
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Civil aotioN, tried before TimberlaJce, J., at August Term, 1895, of UNION Superior Court. Verdict and judgment for plaintiff. Defendant appealed. The following issues were submitted to the jury and agreed to, except 3d, which was objected to by the defendant, upon ground there was no evidence to support it, to-wit: “ 1st. Was the plaintiff injured, as described in the complaint, by the negligence of the defendant railroad company ? Answer: ‘Yes.’ “ 2d. If so, did plaintiff contribute to her injury by her own negligence 2 Answer:‘No.’ “ 3d. Could the defendant, by the exercise of reasonable…
1Opinion of the Court
Avery, J.:
It is the duty of an engineer in charge of a moving train to give some signal of its approach to the crossing of a public highway over a railway track or to a crossing which the public have been habitually permitted to use ; and where he fails to do so, the railway company is deemed negligent and answerable for any injury due to such omission of duty. Hinkle v. Railroad, 109 N. C., 472; Randall v. Railroad, 104 N. C., 410; Gilmore v. Railroad, 115 N. C., 657.
On the other hand it is ordinarily the duty of a person, who is approaching a crossing of a railway track, though not at the…
2Cases cited6 opinions
- Hinkle v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
- Randall v. Richmond & Danville RailroadSupreme Court of North Carolina · 1889
- Emry v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1891
- Alexander v. Richmond & Danville RailroadSupreme Court of North Carolina · 1893
- Morgan v. . LewisSupreme Court of North Carolina · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by75 opinions
- Johnson v. . R. R.Supreme Court of North Carolina · 1913
- Murray v. . R. R.Supreme Court of North Carolina · 1940
- Ramsbottom v. RailroadSupreme Court of North Carolina · 1905
- Ramsbottom v. . RailroadSupreme Court of North Carolina · 1905
- Reeves v. . StaleySupreme Court of North Carolina · 1942
70 more not listed; retrieve them via the Exa API.