Hunter v. Southern Railway Co.
Supreme Court of North Carolina
Appeal from Justice, Jat March Term, 1910, of BUNCOMBE. Tbe plaintiff, as administrator of bis wife, brought tbis action to recover damages for tbe death of bis wife, and alleged that: “4. During tbe spring and summer of 1906 tbe defendant railroad company did willfully, wantonly and in a grossly negligent manner, and in utter disregard of tbe rights of tbe plaintiff’s intestate, carry on and conduct its blasting operations across tbe French Broad River from where tbe…
Read the full summary
Appeal from Justice, Jat March Term, 1910, of BUNCOMBE. Tbe plaintiff, as administrator of bis wife, brought tbis action to recover damages for tbe death of bis wife, and alleged that: “4. During tbe spring and summer of 1906 tbe defendant railroad company did willfully, wantonly and in a grossly negligent manner, and in utter disregard of tbe rights of tbe plaintiff’s intestate, carry on and conduct its blasting operations across tbe French Broad River from where tbe plaintiff’s intestate lived, and did use excessively large charges of explosives, and did wantonly, willfully, negligently and…
1Opinion of the Court
Manning, J.,
after stating the case: In view of the verdict of the jury rendered under the charge of his Honor, the following facts are established by the evidence: That in the month of April or May, 1906, the defendant, desiring to widen its roadbed at or near Alexander, in Buncombe County, and lay additional tracks or straighten its existing tracks then used and having been used for many years, found it necessary to blast out a perpendicular cliff of rock about 400 feet long and 42 feet high at its greatest height, situate on its right of way, and began the work of blasting down the cliff by…
2Cases cited10 opinions
- Engel v. . Eureka ClubNew York Court of Appeals · 1893
- Rolin v. . Tobacco Co.Supreme Court of North Carolina · 1906
- Sawyer v. Roanoke Railroad & Lumber Co.Supreme Court of North Carolina · 1907
- Kimberly v. HowlandSupreme Court of North Carolina · 1906
- Davis v. Summerfield.Supreme Court of North Carolina · 1903
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Evans v. . Rockingham Homes, Inc.Supreme Court of North Carolina · 1941
- Community Gas Co. v. WilliamsCourt of Appeals of Georgia · 1952
- Denny v. City of BurlingtonSupreme Court of North Carolina · 1911
- Marlowe v. BlandSupreme Court of North Carolina · 1910
- Kaw Boiler Works v. FrymyerSupreme Court of Oklahoma · 1924
12 more not listed; retrieve them via the Exa API.