Legal Opinion

Means v. Carolina Central Railroad

Supreme Court of North Carolina

Decided April 24, 1900PublishedCited by 18 opinions

Civil ActioN for damages for alleged negligence in occasioning the death of Taylor Means, intestate of plaintiff, tried before McNeill, J., at October Term, 1899, of MeceileN-bukg Superior Court. This case was before the court at February Term, 1899, and is reported in 124 N. 0., 574. The evidence is about the same as on the former trial.

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Civil ActioN for damages for alleged negligence in occasioning the death of Taylor Means, intestate of plaintiff, tried before McNeill, J., at October Term, 1899, of MeceileN-bukg Superior Court. This case was before the court at February Term, 1899, and is reported in 124 N. 0., 574. The evidence is about the same as on the former trial. Briefly, there was evidence tending to show that the company ran a daily mixed freight and passenger train between Charlotte and Rutherfordton— stopping at regular stations on schedule time. The train had no conductor — his duties were usually performed* by…

1Opinion of the CourtFurches, J.

This case is before us for the third time, as may be seen in 122 N. C., 990, and 124 N. C., 574. The facts stated in this appeal are substantially the same as when here last (124 N. C., 574), and for that reason it is not necessary for us to- restate them.

The plaintiff’s intestate was killed before the passage of tlae Eellow Servant Act oí 1891 (chap. 56, Private Acts), and is governed by the law as it existed before its passage. The train that killed the intestate was composed of freight cars and a passenger coach used for the accomodation of the travelling public. It was run. on regular…

2Cases cited5 opinions

  1. Purnell v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1898
  2. Mason v. Richmond & Danville RailroadSupreme Court of North Carolina · 1892
  3. Mason v. Richmond & Danville RailroadSupreme Court of North Carolina · 1894
  4. Means v. Carolina Central RailroadSupreme Court of North Carolina · 1899
  5. Means v. Carolina Central Railway Co.Supreme Court of North Carolina · 1898

3Cited by18 opinions

  1. Rackley v. RobertsSupreme Court of North Carolina · 1908
  2. Nowell v. BasnightSupreme Court of North Carolina · 1923
  3. Ratliff v. Ratliff.Supreme Court of North Carolina · 1902
  4. Carter v. Cape Fear Lumber Co.Supreme Court of North Carolina · 1901
  5. Nowell v. . BasnightSupreme Court of North Carolina · 1923

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