Hatch v. Alamance Railway Co.
Supreme Court of North Carolina
Appeal by defendant from Darnels, J., at September Term, 1921, of ALAMANCE. Plaintiff brought suit against the Piedmont Power & Light Company and the Alamance Railway Company to recover damages for the alleged negligent death of her intestate. The Alamance Railway Company operates an interurban street car line connecting Burlington, Graham, and Haw River, and the Piedmont Company owns a plant in which electricity is generated for running the cars.
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Appeal by defendant from Darnels, J., at September Term, 1921, of ALAMANCE. Plaintiff brought suit against the Piedmont Power & Light Company and the Alamance Railway Company to recover damages for the alleged negligent death of her intestate. The Alamance Railway Company operates an interurban street car line connecting Burlington, Graham, and Haw River, and the Piedmont Company owns a plant in which electricity is generated for running the cars. The intestate, in January, 1918, was in the employ of the Alamance Railway Company, and on 22 January was operating a freight car on the company’s…
1Opinion of the CourtAdams, J.
Tbe legal right to recover damages for death caused by wrongful act did not exist at common law, and was first conferred in England by Lord Campbell’s Act, 9 and 10 Viet., cb. 93 (1846). Thereafter tbe main features of this statute were enacted by tbe General Assembly, and are now included in the Consolidated Statutes. Section 160 provides, in part, tbat when tbe death of a person is caused by tbe wrongful act, neglect, or default of another, . , . tbe person or corporation causing tbe death shall be liable to an action for damages to be brought by tbe personal representative of tbe deceased…
2Cases cited27 opinions
- Settlemier v. SullivanSupreme Court of the United States · 1879
- Amy v. WatertownSupreme Court of the United States · 1889
- Bernhardt v. . BrownSupreme Court of North Carolina · 1896
- Kibbe v. BensonSupreme Court of the United States · 1874
- Randleman Manufacturing Co. v. SimmonsSupreme Court of North Carolina · 1887
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- Brown v. Southern Railway Co.Supreme Court of North Carolina · 1932
- In re K.J.L.Supreme Court of North Carolina · 2009
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