Pharr v. Southern Railway Co.
Supreme Court of North Carolina
Civil aotioN, tried before Brown, J., at October Term, 1896, of the Superior Court of MboKlicNburg County. The action was brought by the plain tiff, administrator of Jack Ezzelle, deceased, to recover damages for the negligent killing of the plaintiff’s intestate by the agents of the defendant company, on the. day of September, 1895. The evidence, offered by the plaintiff to sustain his claim for damages, is as follows: ~W. E. Younts, witness for the plaintiff, testified as…
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Civil aotioN, tried before Brown, J., at October Term, 1896, of the Superior Court of MboKlicNburg County. The action was brought by the plain tiff, administrator of Jack Ezzelle, deceased, to recover damages for the negligent killing of the plaintiff’s intestate by the agents of the defendant company, on the. day of September, 1895. The evidence, offered by the plaintiff to sustain his claim for damages, is as follows: ~W. E. Younts, witness for the plaintiff, testified as follows : “I saw the place pointed out to me by James Crawford where Jack Ezzelle was killed. The track was level on…
1Opinion of the Court
Montgomery, J. :
The plaintiff was lying in a position horizontal ■ to the railroad track, with a part of his body resting in a slight depression caused by a small ditch. His head, on or between the sills, could not be seen by engineer and firemen, according to their testimony, and was so near the rail as to be struck by the engine as it passed. From the evidence he was asleep or drunk, probably both. The engineer testified that, as he turned a curve in the road at a point six hundred yards distant from the place where the man was killed, he saw the object; that he looked at it carefully and…
2Cases cited2 opinions
- Deans v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Pickett v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1895
3Cited by13 opinions
- Pickett v. . R. R.Supreme Court of North Carolina · 1895
- Deans v. . R. R.Supreme Court of North Carolina · 1890
- Lassiter v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1903
- Bradley v. Ohio River & Charleston Railway Co.Supreme Court of North Carolina · 1900
- Edge v. . R. R.Supreme Court of North Carolina · 1910
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