Sawyer v. Roanoke Railroad & Lumber Co.
Supreme Court of North Carolina
Civil aotioN to recover damages for personal injury caused by the alleged negligence of defendant company, tried before W. B. Allen, Jand a jury, at February Term, 1907, of the Superior Court of Beaueoüt County.
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Civil aotioN to recover damages for personal injury caused by the alleged negligence of defendant company, tried before W. B. Allen, Jand a jury, at February Term, 1907, of the Superior Court of Beaueoüt County. There was evidence tending to show that in May, 1904, plaintiff was run over and seriously injured by a logging train of defendant company while he was in the employment of the defendant and engaged in cutting out its right of way; that defendant had constructed a railroad track of iron rails from Slatersville, a station on the Norfolk and Southern, to a tract of timber about five…
1Opinion of the Court
IToice, L,
after stating tbe case: Tbe Judge below imposed upon tbe defendant tbe duty of keeping an outlook along the track in tbe direction in which tbe train was moving, and in this connection charged the jury that, if they found tbe facts to be that tbe defendant company was operating a railroad for tbe purpose of hauling logs, and operating an engine and cars, tbe law imposed upon it tbe duty to keep a lookout for tbe purpose of avoiding injury to persons on tbe track apparently unconscious; and if it failed in this duty it was negligent, and if such failure was tbe real and proximate…
2Cases cited7 opinions
- Drum v. MillerSupreme Court of North Carolina · 1904
- Bullock v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Hemphill v. . Lumber Co.Supreme Court of North Carolina · 1906
- Hudson v. RailroadSupreme Court of North Carolina · 1906
- Lewis v. Norfolk & Western Railway Co.Supreme Court of North Carolina · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- White Ex Rel. White v. HinesSupreme Court of North Carolina · 1921
- Pickett v. . R. R.Supreme Court of North Carolina · 1895
- Redmon v. . R. R.Supreme Court of North Carolina · 1928
- Deans v. . R. R.Supreme Court of North Carolina · 1890
- Garland v. Boston & Maine RailroadSupreme Court of New Hampshire · 1913
43 more not listed; retrieve them via the Exa API.