Trull v. Seaboard Air Line Railway Co.
Supreme Court of North Carolina
Appeal from. Webb., J., October Term, 1909, of Meckxen-BURG. Civil action, to recover damages for alleged negligent killing of the plaintiff’s intestate.
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Appeal from. Webb., J., October Term, 1909, of Meckxen-BURG. Civil action, to recover damages for alleged negligent killing of the plaintiff’s intestate. It appeared in evidence that on 9 March, 1903, the intestate was run over and killed by a train of defendant company, as he was endeavoring to cross the railroad at a public crossing, in the town of Monroe, N. C.‘; that plaintiff, having duly qualified as administratrix, instituted an action to recover for the alleged negligent killing within twelve months of the occurrence, and that same was pending in the Superior Court of Union County…
1Opinion of the Court
Hoke, J.,
after stating tbe case: Tbe first ground for bis Honor’s ruling, as indicated in tbe above statement of tbe case on appeal, has been expressly resolved against tbe defendant’s position in Meekins v. Railroad, 131 N. C., 1.
True, we have held in several well-considered decisions that tbe requirement of tbe statute (Eevisal, sec. 59), giving a right-of action for death caused by tbe wrongful act, neglect or default of another, that such action shall be “brought within one year after sueh death,” is not in strictness a statute of limitation, but is a condition affecting the cause of…
2Cases cited12 opinions
- Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
- Cooper v. RailroadSupreme Court of North Carolina · 1905
- Taylor v. Cranberry Iron & Coal Co.Supreme Court of North Carolina · 1886
- Best v. . Town of KinstonSupreme Court of North Carolina · 1890
- Meekins v. Norfolk & Southern RailroadSupreme Court of North Carolina · 1902
7 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Harrison v. North Carolina RailroadSupreme Court of North Carolina · 1927
- Brookshire v. BurkhartSupreme Court of Oklahoma · 1929
- Coleman v. . R. R.Supreme Court of North Carolina · 1910
- Partee v. St. Louis & S. F. R. Co.Court of Appeals for the Eighth Circuit · 1913
- Hampton v. . Spinning CompanySupreme Court of North Carolina · 1930
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