Murray v. Richmond & Danville Railroad
Supreme Court of North Carolina
Infants — Negligence. This was a civil ACTION by the plaintiff, through his mother as guardian ad litem and next friend, against the Richmond & Danville Railroad Company and the North Carolina Railroad Company, for damages for being injured by falling from an engine of the Richmond and Danville Company. There was no evidence offered .or verdict asked against the North Carolina Railroad Company, and a judgment was entered in its favor without objection.
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Infants — Negligence. This was a civil ACTION by the plaintiff, through his mother as guardian ad litem and next friend, against the Richmond & Danville Railroad Company and the North Carolina Railroad Company, for damages for being injured by falling from an engine of the Richmond and Danville Company. There was no evidence offered .or verdict asked against the North Carolina Railroad Company, and a judgment was entered in its favor without objection. It was tried before Graves, Judge, and a jury at February Term, 1885, Wake Superior Court. In the month of April, 1882, the plaintiff,…
1Opinion of the Court
Smith, C. J.,
(after stating the case as above). There can be no question that an adult, thus exposing himself to peril, would be held to have brought the injury upon himself by his own act, and if his own negligence and want of care for his own safety were not the direct and immediate cause of the injury, they were so contributory to it as to take away any just ground of complaint against the company. The plaintiff’s case is, however, distinguished by his counsel upon the ground that his extreme youth required much greater vigilance and strict attention from the company fot his protection…
2Cases cited4 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
- Boland v. Missouri RailroadSupreme Court of Missouri · 1865
- Meeks v. S. Pac. R. R. Co.California Supreme Court · 1878
3Cited by23 opinions
- Haynes v. Kaleigh Gas Co.Supreme Court of North Carolina · 1894
- Payne v. Chicago & Alton RailroadSupreme Court of Missouri · 1896
- Twist v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1888
- Bottoms v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1894
- Mollica v. Michigan Central RailroadMichigan Supreme Court · 1912
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