Legal Opinion

Stewart v. Railroad Co.

Supreme Court of North Carolina

Decided November 15, 1904PublishedCited by 12 opinions

ActioN by J. J. Stewart against the North Carolina Railroad Company, heard by Judge 0. II. Allen and a jury, at February Term, 1904, of the Superior Court of Rowan County. From a judgment for the defendant the plaintiff appealed.

1Opinion of the CourtMontgomery, J.

This action was brought to recover damages from the defendant on account of the killing of the plaintiff’s intestate through the alleged negligence of the defendant. On the trial the plaintiff first introduced as a witness the widow of the deceased, who proved the age of the intestate, that he worked in a cotton mill at one dollar per day, that his health was good, also his habits, and that he left one child. The mortuary tables showing the intestate’s expectancy were next introduced. Then the plaintiff offered in evidence a part of the first paragraph of the defendant’s answer, to-wit, “that…

2Cases cited6 opinions

  1. Pickett v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1895
  2. Lloyd v. Albemarle & Raleigh R. R.Supreme Court of North Carolina · 1896
  3. Neal v. Carolina Central RailroadSupreme Court of North Carolina · 1900
  4. Fulp v. Roanoke & Southern RailroadSupreme Court of North Carolina · 1897
  5. Pharr v. Southern Railway Co.Supreme Court of North Carolina · 1896

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. White Ex Rel. White v. HinesSupreme Court of North Carolina · 1921
  2. Pickett v. . R. R.Supreme Court of North Carolina · 1895
  3. Modlin v. Atlantic Fire InsuranceSupreme Court of North Carolina · 1909
  4. Neal v. . R. R.Supreme Court of North Carolina · 1900
  5. Strickland v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1908

7 more not listed; retrieve them via the Exa API.

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