Legal Opinion

Parker v. Wilmington & Weldon Railroad

Supreme Court of North Carolina

Decided February 5, 1882PublishedCited by 36 opinions

Civil Action for damages tried at Pall Term, 1879, of Halifax Superior Court, before Avery, J. Verdict for the defendant. Motion to set aside verdict refused. Judgment for defendant, appeal by plain tiff.

1Opinion of the CourtSmith, C. J.

The facts out of which arises the present action for damages in causing the death of James W. Parker, the plaintiff’s intestate, are few and undisputed. The deceased was employed, and had been for sometime previous, at a steam mill erected on land of the defendant company, and with their consent, near the track of the road and about three-fourths of a mile distant south from the town of En-field. Near the mill was a crossing over the road-bed, used by persons visiting it. On the afternoon of December 14th, 1878, according to schedule time, the regular passenger train with six coaches attached…

2Cases cited1 opinion

  1. Railroad Company v. HoustonSupreme Court of the United States · 1878

3Cited by36 opinions

  1. Deans v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
  2. Wagoner v. North Carolina RailroadSupreme Court of North Carolina · 1953
  3. Meredith v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
  4. Troy v. Cape Fear & Yadkin Valley RailroadSupreme Court of North Carolina · 1888
  5. Deans v. . R. R.Supreme Court of North Carolina · 1890

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