Montgomery v. Carolina & N. W. Railroad
Supreme Court of North Carolina
Appeal by plaintiff from Webb, J., at August Term, 1913, of Caldwell.
1Opinion of the CourtClark, C. J.
Tbis is an action for wrongful death, caused by tbe negligence of tbe defendant., Tbe plaintiff alleges negligence in providing incompetent and untrustworthy coemployees and their failure to operate tbe train in a proper manner. But tbe negligence chiefly relied upon is in tbe failure to provide automatic couplers that were iu proper condition, and that those used on the car in question were so defective and out of order that they failed to couple automatically by impact, as required by law, so- that it became necessary for plaintiff’s intestate to go between the cars for the purpose of…
2Cases cited12 opinions
- Johnson v. Southern Pacific Co.Supreme Court of the United States · 1904
- Chicago, Burlington & Quincy Railway Co. v. United StatesSupreme Court of the United States · 1911
- Delk v. St. Louis & San Francisco RailroadSupreme Court of the United States · 1911
- Lewis Publishing Co. v. MorganSupreme Court of the United States · 1913
- Greenlee v. . R. R.Supreme Court of North Carolina · 1898
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3Cited by4 opinions
- Western & Atlantic Railroad v. GentleCourt of Appeals of Georgia · 1938
- Troxler v. . R. R.Supreme Court of North Carolina · 1899
- Southern Pacific Co. v. ThomasArizona Supreme Court · 1920
- St. Louis Southwestern Ry. Co. v. PyronCourt of Appeals of Texas · 1925