Meredith v. Richmond & Danville Railroad
Supreme Court of North Carolina
This was a civil ACTION for damages, tried at February Term, 1890, of the Superior Court of MadisoN Count)!, before Philips, J. The defendant company, in constructing its road from Hot Springs to Paint Rock, had used what had previously been the public highway, and, just below Hot Springs, had put in two side-tracks, in addition to the main line, extending some distance down the road.
Read the full summary
This was a civil ACTION for damages, tried at February Term, 1890, of the Superior Court of MadisoN Count)!, before Philips, J. The defendant company, in constructing its road from Hot Springs to Paint Rock, had used what had previously been the public highway, and, just below Hot Springs, had put in two side-tracks, in addition to the main line, extending some distance down the road. The plaintiff W,. J. Meredith, who sues by his next friend, Nichols Meredith, his father, was shown by all of the witnesses to be a bright boy about thirteen years old. In going from the house of his father to…
1Opinion of the Court
Avery, J.:
Where the engineer in charge of a moving engine sees a human being walking along the track in front of it, if such person is unknown to him and is apparently old enough to understand the necessity for care and watchfulness, under such circumstances the engineer may act upon the assumption that he will step off the track in time to avoid injury. McAdoo v. Railroad, 105 N. C., 140; Parker v. Railroad, 86 N. C., 221. The witnesses concur in the statement that the boy who was injured was an intelligent youth about thirteen years old. In the absence of knowledge or information to the…
2Cases cited5 opinions
- Deans v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Bullock v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Parker v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1882
- Carlton v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1889
- Daily v. Richmond & Danville RailroadSupreme Court of North Carolina · 1890
3Cited by51 opinions
- Pickett v. . R. R.Supreme Court of North Carolina · 1895
- High v. Carolina Central RailroadSupreme Court of North Carolina · 1893
- Pickett v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1895
- Lassiter v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1903
- Neal v. . R. R.Supreme Court of North Carolina · 1900
46 more not listed; retrieve them via the Exa API.