Hudson v. Railroad
Supreme Court of North Carolina
ActioN by Ned Hudson, administrator of J ames Hudson, against Atlantic Coast Line Railroad Company, beard by Judge O. W. Ward and a jury, at the June Special Term, 1906, of the Superior Court of Edgecombe. This was an action to recover damages for alleged negligent killing of the plaintiff’s’ intestate.
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ActioN by Ned Hudson, administrator of J ames Hudson, against Atlantic Coast Line Railroad Company, beard by Judge O. W. Ward and a jury, at the June Special Term, 1906, of the Superior Court of Edgecombe. This was an action to recover damages for alleged negligent killing of the plaintiff’s’ intestate. The evidence on behalf of the plaintiff was as follows: The defendant had constructed two tracks into the yard of the Edgecombe County Oil Mills for the receipt and delivery of freight of the mills.» One of these tracks was along the side of the cotton-seed warehouse, so that the contents of…
1Opinion of the Court
I-IoKE, I.,
after stating tbe case: There were two objections urged upon our attention by counsel for tbe appellant: first, that on tbe entire testimony, if believed, tbe Judge should have held tbe killing of tbe intestate to have been an excusable accident; second, that on such testimony, as a matter of law tbe intestate was guilty of contributory negligence, barring a recovery. In our opinion, neither position can be sustained. We have held in Ray v. Railroad, 141 N. C., 84, that it is negligence to back a train into a railroad yard where passengers are rightfully moving about, without…
2Cases cited4 opinions
- Christianson v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1896
- Hill v. WinsorMassachusetts Supreme Judicial Court · 1875
- Drum v. MillerSupreme Court of North Carolina · 1904
- Ray v. RailroadSupreme Court of North Carolina · 1906
3Cited by34 opinions
- State v. . SatterfieldSupreme Court of North Carolina · 1930
- Wagoner v. North Carolina RailroadSupreme Court of North Carolina · 1953
- Sawyer v. Roanoke Railroad & Lumber Co.Supreme Court of North Carolina · 1907
- Drum v. . MillerSupreme Court of North Carolina · 1904
- Ward v. North Carolina RailroadSupreme Court of North Carolina · 1912
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