Baker v. Roanoke & Tar River Railroad
Supreme Court of North Carolina
ActioN by G. W. Baker and W. R. Brown against the Roanoke and Tar River Railroad Company, heard by Judge Fred. Moore and a jury, at April Term, 1903, of the Superior Court of Beetie County. Erom a judgment for the plaintiff the defendant apnealed.
1Opinion of the Court
Clare, O. J.
This was an action for negligently killing a horse. At the close of the evidence the defendant moved to non-suit the plaintiff. The action was brought within six months, and the killing having been shown, the statute raised a presumption of negligence, and the burden to rebut such presumption being upon the defendant, the Judge could not find affirmatively that the defendant’s evidence had been sufficient to do this. That was a matter for the jury.
The Judge could instruct the jury as he did in this case that a certain state of facts, if believed by them, would rebut the…
2Cases cited6 opinions
- Doggett v. Richmond & Danville RailroadSupreme Court of North Carolina · 1879
- Vonglahn v. . DerossetSupreme Court of North Carolina · 1879
- Hardison v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1897
- J. L. Battle v. . W. W. R. R.Supreme Court of North Carolina · 1872
- Durham v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1880
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3Cited by4 opinions
- Davis v. Railroad Co.Supreme Court of North Carolina · 1904
- Southern Pacific Co. v. NelsonArizona Supreme Court · 1919
- Pipen v. . R. R.Supreme Court of North Carolina · 1876
- Davis v. Railroad Co.Supreme Court of North Carolina · 1904