Blum v. Southern Railway Co.
Supreme Court of North Carolina
Apkgal by defendants from Harding, J., at October Term, 1923, of MECKLENBURG. Tbis action was brought to recover damages for tbe wrongful death of tbe husband of tbe testator, who was killed at a grade crossing over tbe tracks of tbe defendant, at Linwood, near noon, on 26. September, 1922. Tbe automobile, in wbicb be was riding with Mr. Robert J. Hayes, on tbe highway from Charlotte to Lexington, was struck by defendant’s train, running south an hour and ten minutes late,…
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Apkgal by defendants from Harding, J., at October Term, 1923, of MECKLENBURG. Tbis action was brought to recover damages for tbe wrongful death of tbe husband of tbe testator, who was killed at a grade crossing over tbe tracks of tbe defendant, at Linwood, near noon, on 26. September, 1922. Tbe automobile, in wbicb be was riding with Mr. Robert J. Hayes, on tbe highway from Charlotte to Lexington, was struck by defendant’s train, running south an hour and ten minutes late, and at about 45 miles an hour, instantly killing them both as they came through an opening in a string of box cars stored…
1ConcurrenceAdams, J.
Concurring opinion by STACY, J. This action was brought to recover damages for the wrongful death of the husband of the testator, who was killed at a grade crossing over the tracks of the defendant, at Linwood, near noon, on 26 September, 1922. The automobile, in which he was riding with Mr. Robert J. Hayes, on the highway from Charlotte to Lexington, was struck by defendant's train, running south an hour and ten minutes late, and at about 45 miles an hour, instantly killing them both as they came through an opening in a string of box cars stored on each side of the crossing and along a…
2Cases cited19 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Atlantic Coast Line Railroad v. City of GoldsboroSupreme Court of the United States · 1914
- Benton v. . CollinsSupreme Court of North Carolina · 1899
- Central Passenger Railway Co. v. KuhnCourt of Appeals of Kentucky · 1888
- Chicago, Burlington & Quincy Railroad v. PerkinsIllinois Supreme Court · 1888
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3Cited by14 opinions
- Moseley v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1929
- Batchelor v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1928
- Overton v. OvertonSupreme Court of North Carolina · 1963
- Cox v. GallamoreSupreme Court of North Carolina · 1966
- Caldwell v. . R. R.Supreme Court of North Carolina · 1940
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