Jackson v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal by both parties from Guión> J., at November Term, 1920, of ROBESON. The plaintiff’s intestate was a farmer who was killed at a railroad crossing about a quarter of a mile from his house as he was returning home in his automobile.
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Appeal by both parties from Guión> J., at November Term, 1920, of ROBESON. The plaintiff’s intestate was a farmer who was killed at a railroad crossing about a quarter of a mile from his house as he was returning home in his automobile. He was struck by the defendant’s northbound express train at a point where the railroad track crosses the public road one and a half miles north of the station at Buie’s. ' In approaching this crossing for a distance of several hundred yards the railroad and the public road run nearly parallel, gradually converging into a “V” and at a point about 114 feet from…
1Opinion of the Court
Clare, 0. J.
Tbe court submitted three issues, as follows: (1) Was plaintiff’s intestate killed through tbe negligence of tbe defendant, as alleged in tbe complaint? (2) If so, did plaintiff’s intestate, by bis own negligence, contribute to bis injury and death? (3) What damages, if any, is plaintiff entitled to recover ?
Tbe court instructed tbe jury that if they believed all tbe evidence and found tbe facts to be as testified that they would answer tbe second issue “Yes,” and tbe third issue “No,” and they responded accordingly. Tbe plaintiff excepted and appealed. Tbe court also instructed…
2Cases cited8 opinions
- Texas & Pacific Railway Co. v. GentrySupreme Court of the United States · 1896
- Baltimore & Ohio Railroad v. GriffithSupreme Court of the United States · 1895
- Norton v. North Carolina RailroadSupreme Court of North Carolina · 1898
- Johnson v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1913
- Hinkle v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Moore v. Chicago Bridge & Iron WorksSupreme Court of North Carolina · 1922
- Parrish v. . R. R.Supreme Court of North Carolina · 1942
- Blum v. Southern Railway Co.Supreme Court of North Carolina · 1924
- Parrish v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1942
- Great Atlantic & Pacific Tea Co. v. RobardsCourt of Appeals for the Fourth Circuit · 1947
2 more not listed; retrieve them via the Exa API.