Lutterloh v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Civil aotioN to recover damages for alleged negligent killing of plaintiff's intestate as be was endeavoring to cross tbe defendant railroad in tbe town of Sanford, N. 0., tried before Lyon, J., and a jury, at March Term, 1916, of Lee.
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Civil aotioN to recover damages for alleged negligent killing of plaintiff's intestate as be was endeavoring to cross tbe defendant railroad in tbe town of Sanford, N. 0., tried before Lyon, J., and a jury, at March Term, 1916, of Lee. There was denial of liability and plea of contributory negligence, and on tbe trial tbe jury rendered tbe following verdict: 1. Is tbe plaintiff tbe duly appointed administrator of bis alleged intestate? Answer: “Yes.” 2. Did tbe defendant negligently kill tbe plaintiff’s intestate, as alleged in tbe complaint? Answer: “Yes.” 3. Did tbe plaintiff’s intestate,…
1Opinion of the CourtHoke, J.
There were facts in evidence tending to show that in May, 1914, tbe intestate of plaintiff was endeavoring to go across tbe railroad track of defendant company in tbe town of Sanford, when be was run over and killed by some freight cars which had just been detached from tbe engine in making a flying switch and were coming down a side-track close behind tbe engine, which was running on tbe main line; that tbe occurrence took place in a thickly settled portion of tbe town of Sanford; that tbe path crossed tbe track in a diagonal direction and was and bad long been much used by pedestrians…
2Cases cited6 opinions
- Johnson v. . R. R.Supreme Court of North Carolina · 1913
- Wilson v. RailroadSupreme Court of North Carolina · 1906
- Fann v. . R. R.Supreme Court of North Carolina · 1911
- Sherrill v. RailroadSupreme Court of North Carolina · 1905
- Paul v. . R. R.Supreme Court of North Carolina · 1915
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Wagoner v. North Carolina RailroadSupreme Court of North Carolina · 1953
- Fann v. . R. R.Supreme Court of North Carolina · 1911
- Paul v. . R. R.Supreme Court of North Carolina · 1915
- Knight v. Laurens Motor Car Co.Supreme Court of South Carolina · 1917
- Rigsbee v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1925
6 more not listed; retrieve them via the Exa API.