Dunn v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Civil actioN, tried before 0. H. Allen, J., at June Term, 1917, of Malirax. This is an action to recover damages for tbe killing of tbe- intestate of tbe plaintiff, caused, as tbe plaintiff alleges, by tbe negligence of tbe ■defendant, in tbat be was run over by a train of tbe defendant .which was backing in tbe night-time without a light or an employee on tbe rear ■of the car; tbat no bell was ringing, and tbat tbe train was running in •excess of four miles an hour, in…
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Civil actioN, tried before 0. H. Allen, J., at June Term, 1917, of Malirax. This is an action to recover damages for tbe killing of tbe- intestate of tbe plaintiff, caused, as tbe plaintiff alleges, by tbe negligence of tbe ■defendant, in tbat be was run over by a train of tbe defendant .which was backing in tbe night-time without a light or an employee on tbe rear ■of the car; tbat no bell was ringing, and tbat tbe train was running in •excess of four miles an hour, in violation of an ordinance of Weldon. Tbe defendant denies negligence, and pleads contributory negligence ■of the plaintiff’s…
1Opinion of the CourtAllen, J.
The evidence for the plaintiff, which has been accepted, establishes the negligence of the defendant as the proximate cause of the death of the plaintiff’s intestate. Purnell v. R. R., 122 N. C., 832; Ray v. R. R., 141 N. C., 84; Hill v. R. R., 166 N. C., 596.
The question has been recently discussed in a number of cases.
The Court says, in Ray v. R. R.: “It was a negligent act to back a train onto a railroad yard where persons, passengers and others were accustomed to stand or move about, either as of right or in the discharge of some duty, or by permission of the company, evidenced by…
2Cases cited10 opinions
- Russell v. Carolina Central R. R.Supreme Court of North Carolina · 1896
- Warner v. Baltimore & Ohio RailroadSupreme Court of the United States · 1897
- Purnell v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1898
- Ledbetter v. . EnglishSupreme Court of North Carolina · 1914
- Lloyd v. Albemarle & Raleigh R. R.Supreme Court of North Carolina · 1896
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Albritton v. . HillSupreme Court of North Carolina · 1925
- Campbell v. . LaundrySupreme Court of North Carolina · 1925
- Campbell v. Model Steam LaundrySupreme Court of North Carolina · 1925
- Hanstein v. . JohnsonSupreme Court of North Carolina · 1893
- Alexander v. . R. R.Supreme Court of North Carolina · 1893
1 more not listed; retrieve them via the Exa API.