Neal v. Carolina Central Railroad
Supreme Court of North Carolina
Civil ActioN for damages for occasioning through negligence, as alleged, the death of plaintiff’s intestate, tried before Btarbuclc, J., at October Term, 1898, of the Superior Court of MeoKleNbueu County. The intestate was run over by defendant’s train and killed while walking along on the railroad track in Charlotte. The defendant denied negligence, and pleaded contributory negligence.
Read the full summary
Civil ActioN for damages for occasioning through negligence, as alleged, the death of plaintiff’s intestate, tried before Btarbuclc, J., at October Term, 1898, of the Superior Court of MeoKleNbueu County. The intestate was run over by defendant’s train and killed while walking along on the railroad track in Charlotte. The defendant denied negligence, and pleaded contributory negligence. At the close of plaintiff’s evidence, tbe defendant demurred ,to plaintiff’s evidence, and moved for judgment of nonsuit, under Act of 1897, chap. 109. Tlis Honor intimated that plaintiff was not entitled to…
1Opinion of the CourtFurches, J.
This is an action to recover damages for tbe wrongful killing of Charles M. Coffin. Tbe defendant does not deny tbe killing but denies that it was caused by its default or negligence, and alleges that it was tbe result of tbe negligence of plaintiff’s intestate.
Tbe evidence of plaintiff showed that intestate was killed by tbe shifting engine on defendant’s road, in tbe city of Charlotte; that this engine was running backwards drawing a gondola car after it; that it was running at a high rate of speed in a westward direction, and intestate was walking on defendant’s track, going in tbe same…
2Cases cited9 opinions
- Spruill v. Northwestern Mutual Life InsuranceSupreme Court of North Carolina · 1897
- Meredith v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
- Hinshaw v. Raleigh & Augusta Air Line R. R.Supreme Court of North Carolina · 1896
- High v. Carolina Central RailroadSupreme Court of North Carolina · 1893
- Norwood v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1892
4 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Lassiter v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1903
- Beach v. Southern Railway Co.Supreme Court of North Carolina · 1908
- Johnson v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1902
- Ruffin v. RailroadSupreme Court of North Carolina · 1906
- City of Wynnewood v. CoxSupreme Court of Oklahoma · 1912
26 more not listed; retrieve them via the Exa API.