Stewart v. Cary Lumber Co.
Supreme Court of North Carolina
Civil actiON, tried before Peebles, J., and a jury, at November Term, 1906, of tbe Superior Court of Harnett County. From judgment for plaintiff defendant appealed. Tbe facts sufficiently appear in tbe opinion of tbe Court.
1Opinion of the Court
13roWN, J.
Tbe plaintiff’s evidence tends to prove that tbe defendant is operating a railroad for conveying lumber; that on 20 May, 1903, tbe engineer of one of its log trains, as be was passing near plaintiff, wantonly and unnecessarily blew tbe whistle of tbe engine on purpose to frighten plaintiff’s mule; that tbe whistle was blown violently and for some time, and for tbe sole purpose of frightening tbe mule; that this blowing did not take place at a crossing and was not done in furtherance of tbe defendant’s business. Tbe evidence tends to prove that tbe engineer blew tbe whistle for…
2Cases cited14 opinions
- Lake Shore & Michigan Southern Railway Co. v. PrenticeSupreme Court of the United States · 1893
- The Amiable NancySupreme Court of the United States · 1818
- Holmes v. Carolina Central RailroadSupreme Court of North Carolina · 1886
- Hemphill v. . Lumber Co.Supreme Court of North Carolina · 1906
- Everett v. Receivers of Richmond & Danville RailroadSupreme Court of North Carolina · 1897
9 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Ramsbottom v. . RailroadSupreme Court of North Carolina · 1905
- Bucken v. South & Western Railway Co.Supreme Court of North Carolina · 1911
- Jackson v. . Telegraph Co.Supreme Court of North Carolina · 1905
- Daniel v. . R. R.Supreme Court of North Carolina · 1895
- Kelly v. . Traction Co.Supreme Court of North Carolina · 1903
10 more not listed; retrieve them via the Exa API.