Legal Opinion

Sellars v. Richmond & Danville Railroad

Supreme Court of North Carolina

Decided February 5, 1886PublishedCited by 6 opinions

Civil ACTION, tried before Shipp, Judge, and a jury, at Pall Term, 1884, of the Superior Court of Mecklenburg county. The plaintiff’s intestate, in the service of the defendant company as fireman, on the night of December 5th, 1882, was in that capacity, on one of its trains running towards Spartanburg, in South Carolina, at a speed of twenty miles an hour, when, about a mile and a half distant from that place, it came in contact with two loaded flat cars, with such…

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Civil ACTION, tried before Shipp, Judge, and a jury, at Pall Term, 1884, of the Superior Court of Mecklenburg county. The plaintiff’s intestate, in the service of the defendant company as fireman, on the night of December 5th, 1882, was in that capacity, on one of its trains running towards Spartanburg, in South Carolina, at a speed of twenty miles an hour, when, about a mile and a half distant from that place, it came in contact with two loaded flat cars, with such violence, as to shatter the engine, and so injure the intestate, that he died a week after-wards at his home in Charlotte. The…

1Opinion of the CourtSmith, C. J.

(after stating the facts). If the action had been brought against the organization to the mismanagement and inexcusable negligence of whose servants the intestate’s injuries, and consequent loss of life, are directly attributable, there would be no legal defence against its successful prosecution, and the recovery of damages. But it is a different question, when the claim is asserted against the defendant. Its servants had no control over the cars, which had been delivered to the servants of the Columbia company, nearly an hour previous, nor could they exercise any authority over the action…

2Cases cited4 opinions

  1. Aycock v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1883
  2. Doggett v. Richmond & Danville RailroadSupreme Court of North Carolina · 1878
  3. J. L. Battle v. . W. W. R. R.Supreme Court of North Carolina · 1872
  4. Hardy v. North Carolina Central RailroadSupreme Court of North Carolina · 1876

3Cited by6 opinions

  1. Emry v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1891
  2. Grant v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1891
  3. Grant v. . R. R.Supreme Court of North Carolina · 1891
  4. Emry v. . R. R.Supreme Court of North Carolina · 1891
  5. Hardy v. . R. R.Supreme Court of North Carolina · 1876

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