Cooper v. Railroad
Supreme Court of North Carolina
ActioN by Mary W. Cooper, Administratrix of W. A. Cooper, v. North Carolina Railroad Co., to recover damages for alleged negligent killing of plaintiff’s intestate, heard by Judge E. B. Jones and a jury, at April Term, 1905, of the Superior Court of Caswell. The ordinary issues -in such actions were submitted.
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ActioN by Mary W. Cooper, Administratrix of W. A. Cooper, v. North Carolina Railroad Co., to recover damages for alleged negligent killing of plaintiff’s intestate, heard by Judge E. B. Jones and a jury, at April Term, 1905, of the Superior Court of Caswell. The ordinary issues -in such actions were submitted. There was evidence of plaintiff tending to show that intestate was killed in attempting to drive his wagon over defendant’s road at a public crossing, and by reason of the negligent failure on the part of defendant in giving the ordinary and usual signals at crossings, and that such…
1Opinion of the Court
CLARK, C. J., and CONNOR, J., dissenting. The ordinary issues in such actions were submitted. There was evidence of plaintiff tending to show that intestate was killed in attempting to drive his wagon over defendant's road at a public crossing, and by reason of the negligent failure on the part of defendant in giving the ordinary and usual signals at crossings, and that such negligence was the proximate cause of the injury.
There was evidence of defendant tending to show that the ordinary and usual signals were given; and that the intestate was guilty of contributory negligence in driving on…
2Cases cited11 opinions
- Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
- Russell v. Carolina Central R. R.Supreme Court of North Carolina · 1896
- Norton v. North Carolina RailroadSupreme Court of North Carolina · 1898
- Randall v. Richmond & Danville RailroadSupreme Court of North Carolina · 1889
- Mesic v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1897
6 more not listed; retrieve them via the Exa API.
3Cited by60 opinions
- Johnson v. . R. R.Supreme Court of North Carolina · 1913
- Harrison v. North Carolina RailroadSupreme Court of North Carolina · 1927
- Godwin v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1941
- Chisolm v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1922
- Johnson v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1913
55 more not listed; retrieve them via the Exa API.