Perry v. Norfolk Southern Railroad
Supreme Court of North Carolina
Appeal by defendant from Devin, J., at the February Special Term, 1920, of Pasquotank. Tbis is one of three actions, two to recover damages for personal injury, and tbe third, damages for loss of services of a minor son, brought on account of injuries sustained at a public crossing by the train of the defendant striking an automobile in which the plaintiffs were.
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Appeal by defendant from Devin, J., at the February Special Term, 1920, of Pasquotank. Tbis is one of three actions, two to recover damages for personal injury, and tbe third, damages for loss of services of a minor son, brought on account of injuries sustained at a public crossing by the train of the defendant striking an automobile in which the plaintiffs were. The plaintiff Perry was driving the automobile. . He testified as follows: “I was 55 years old last August, and live near Okisko. The railroad crosses the public road at Pasquotank station. The road has been there ever since I can…
1DissentWalkeb, J.
These’three cases, which grew out of the same accident, were, by consent, tried together below, and by consent are heard together in this Court upon one record, which is applicable to each, and they arose out of a collision between an automobile and a railroad train — the sort of accident that has become all too prevalent in these days of reckless driving along our country roads by those in charge of what seems to be one of the most deadly machines in existence, when not carefully driven.
On 16 August, 1918, about 3:30 o’clock in the afternoon, the plaintiff, T. 0. Perry, was driving his Ford…
2Cases cited28 opinions
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
- Schofield v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1885
- Northern Pacific Railroad v. FreemanSupreme Court of the United States · 1899
- Moebus v. . HerrmannNew York Court of Appeals · 1888
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