Jones v. N. C. Railroad
Supreme Court of North Carolina
Civil, action,, to recover damages for killing a horse, tried-before Moore, J., at the Special (July) Term, 1873, of the Superior Court of MeokleNbukg county.
Read the full summary
Civil, action,, to recover damages for killing a horse, tried-before Moore, J., at the Special (July) Term, 1873, of the Superior Court of MeokleNbukg county. The evidence tended to establish the following facts: The horse of the plaintiff was struck by one of the defendant’s freight trains, soon after sunrise ; that the track, at the place where the accident occurred, was slightly down grade, and straight for a half a mile or more, so that the animal could have been seen for that distance by the engineer coming in the direction the train was then running. From the tracks of the horse, it…
1Opinion of the CourtReads, J.
The horse was pasturing in his owner, the plaintiff’s field, through which the defendant’s road ran. How or-wheu the horse got upon the road does not appear. His tracks-indicate that he ran before the train two hundred yards. It was day time and the road was straight. There was nothing to prevent the engineer from seeing th,e horse, and therefore it is to be taken that he did see him. The alarm whistle was-not blown at all, and the whistle for the brakes was not sounded until about the place where the train struck the horse, whether just before or just after striking does not appear.
We agree…
2Cited by3 opinions
- Washington v. B. & O. R. R.West Virginia Supreme Court · 1880
- Doggett v. Richmond & Danville RailroadSupreme Court of North Carolina · 1879
- Wilson v. Norfolk & Southern RailroadSupreme Court of North Carolina · 1884