Kimbrough v. Hines
Supreme Court of North Carolina
Appeal by defendant from Daniels, J., at March Term, 1920, of Waice. Plaintiff brought this action to recover damages for personal injuries sustained at Selma, N. 0., 27 January, 1919, as the result of a collision at a public crossing between the automobile which he was driving and a train on the track of the Atlantic Coast Line Railroad Company, which was being operated by the United States Railway Administration.
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Appeal by defendant from Daniels, J., at March Term, 1920, of Waice. Plaintiff brought this action to recover damages for personal injuries sustained at Selma, N. 0., 27 January, 1919, as the result of a collision at a public crossing between the automobile which he was driving and a train on the track of the Atlantic Coast Line Railroad Company, which was being operated by the United States Railway Administration. There was testimony on behalf of plaintiff that the .train was running at a speed of thirty or forty miles an hour; that no signal of approach to the crossing was given by whistle…
1Opinion of the Court
"WalkeR, J.,
after stating the essential facts of the case: The defendants contend that the instruction covered by their exception No. 28, which was taken to the instruction of the court to the jury, was erroneous, and agreed that it is especially objectionable because by it the jury were told that if the plaintiff looked and listened, and did no more, before entering upon the crossing and the track, they should answer the issue as to contributory negligence “No.” ¥e will not discuss the question whether other instructions on this phase of the case were given which were, in themselves,…
2Cases cited11 opinions
- Simmons v. Davenport.Supreme Court of North Carolina · 1906
- Malott v. HawkinsIndiana Supreme Court · 1902
- Carleton v. StateNebraska Supreme Court · 1895
- Cooper v. RailroadSupreme Court of North Carolina · 1905
- State v. Barrett.Supreme Court of North Carolina · 1903
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Sebastian v. Horton Motor LinesSupreme Court of North Carolina · 1938
- Williams v. . R. R.Supreme Court of North Carolina · 1924
- Templeton v. . KelleySupreme Court of North Carolina · 1940
- May v. . GroveSupreme Court of North Carolina · 1928
- Williams v. Seaboard Air Line RailroadSupreme Court of North Carolina · 1924
4 more not listed; retrieve them via the Exa API.