Kearns v. Railroad
Supreme Court of North Carolina
ActioN by Alexander Kearns against Southern Railway Co., heard by Judge B. F. Long and a jury, at the August Term, 1905, of the Superior Court.of Davidson County. This action was commenced on December 7, 1904, to recover damages for an injury alleged to have been, received by plaintiff on August 17, 1902, by coming in contact with a train of the defendant at Thomasville.
Read the full summary
ActioN by Alexander Kearns against Southern Railway Co., heard by Judge B. F. Long and a jury, at the August Term, 1905, of the Superior Court.of Davidson County. This action was commenced on December 7, 1904, to recover damages for an injury alleged to have been, received by plaintiff on August 17, 1902, by coming in contact with a train of the defendant at Thomasville. At the conclusion of the evidence, His Honor, Judge Long, being of opinion that the plaintiff had failed to make out a case of actionable negligence, sustained defendant’s motion to nonsuit, and dismissed the action. The…
1Concurring in part, dissenting in partClaRK, C. J.
Justice IJoke. "Whether the proximate cause-of the plaintiff’s injury was his owning a “foolish” little horse, over which he lost control, and which backed the buggy and its occupant up a steep hill against the car, or whether it was the act of the defendant’s servant in crushing into the buggy with the energies of steam and the weight of a heavy train of cars, which, notwithstanding he had under perfect control, and with full knowledge that the plaintiff could no.t control his horse, was a matter of fact eminently for a jury to decide. If “only one inference could be drawn” it would be that…
2Cases cited13 opinions
- Wittkowsky v. WassonSupreme Court of North Carolina · 1874
- Cox v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1898
- Purnell v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1898
- Coley v. North Carolina RailroadSupreme Court of North Carolina · 1901
- Brittain v. WesthallSupreme Court of North Carolina · 1904
8 more not listed; retrieve them via the Exa API.