Beck v. Southern Railway Co.
Supreme Court of North Carolina
Civil actiost, tried before Moore, J., and a jury, at February Term, 1907, of the Superior Court of Ro-waN County. The plaintiff sued to recover damages of defendant for the negligent killing of his intestate, who was an employee of defendant in the capacity of tool carrier in its machine shops at Spencer, N. C. Said intestate was a boy about sixteen years old, and worked for defendant, at night, in the capacity aforementioned.
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Civil actiost, tried before Moore, J., and a jury, at February Term, 1907, of the Superior Court of Ro-waN County. The plaintiff sued to recover damages of defendant for the negligent killing of his intestate, who was an employee of defendant in the capacity of tool carrier in its machine shops at Spencer, N. C. Said intestate was a boy about sixteen years old, and worked for defendant, at night, in the capacity aforementioned. Defendant’s shops and about forty tracks are between the two towns- — Spencer and East Spencer — -and several thousand people live on each side of these tracks, and…
1Opinion of the Court
Clare, O. L
The plaintiff was entitled to have this cause submitted to a jury.
There are thirty to forty tracks in Spencer, which are almost continuously filled with cars, more ox less. The railroad company has 1,300 operatives working in its shops and yards and living on both sides of the railroad, many of whom have to cross these tracks daily in going from their homes to their work, and returning. The defendant’s operatives and their families and attendant population constitute several thousand people. These operatives and people, or many of them, have to cross these tracks, necessarily, very…
2Cases cited2 opinions
- Ray v. RailroadSupreme Court of North Carolina · 1906
- Hickory v. RailroadSupreme Court of North Carolina · 1906
3Cited by3 opinions
- Meroney v. Louisville & Nashville RailroadSupreme Court of North Carolina · 1914
- Stratton v. Southern Ry. Co.Court of Appeals for the Fourth Circuit · 1951
- Ward v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1914