Shepard v. Norfolk Southern Railroad
Supreme Court of North Carolina
Appeal by defendant from Carter, J., at December Term, 1914, of CHOWAN. Civil action for injury to plaintiff’s automobile at a railroad crossing. On tbe three ordinary issues in actions of this character, negligence, con-tributary negligence, and damages, there was verdict for plaintiff. Judgment on verdict, and defendant excepted and appealed.
1Opinion of the Court
Pee Oubiam.
On a former appeal in this cause, reported in 166 N. C., 639, from a judgment for defendant, a new trial was ordered. The facts will there sufficiently appear. The case has been tried below in accordance with the principles announced in that opinion, and we find no reason for disturbing the result.
It is urged for error that, inasmuch as plaintiff himself testified that his automobile was going 8 or 10 miles an hour, he is barred of recovery as a conclusion of law, by reason of the public statute of North Carolina regulating speed of automobiles, chapter 107, Laws 1913, and more…
2Cases cited1 opinion
- McNeill v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1914
3Cited by10 opinions
- Perry v. . R. R.Supreme Court of North Carolina · 1920
- Graham v. . CharlotteSupreme Court of North Carolina · 1923
- Hinton v. Southern Railway Co.Supreme Court of North Carolina · 1916
- DeLaney v. Henderson-Gilmer Co.Supreme Court of North Carolina · 1926
- Graham v. City of CharlotteSupreme Court of North Carolina · 1923
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