Coleman v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal from Ferguson, J., at the July Term, 1910, of Columbus. Motions to nonsuit were overruled and following issues submitted ; 1. Was the plaintiff injured by the negligence of the defendant as alleged in the complaint ? 2. Did the plaintiff by his own negligence contribute to his own injury? 3. What damage is the plaintiff entitled to recover? The jury answered the first issue “Yes,” the second issue “No,” and the third issue, “Four thousand dollars.”
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Appeal from Ferguson, J., at the July Term, 1910, of Columbus. Motions to nonsuit were overruled and following issues submitted ; 1. Was the plaintiff injured by the negligence of the defendant as alleged in the complaint ? 2. Did the plaintiff by his own negligence contribute to his own injury? 3. What damage is the plaintiff entitled to recover? The jury answered the first issue “Yes,” the second issue “No,” and the third issue, “Four thousand dollars.” From the judgment rendered defendant appealed.
1Opinion of the CourtBeowN, J.
The plaintiff was injured while in the act of crossing defendant’s track driving a horse and buggy at a public crossing at Fair Bluff, by coming in collision with a rapidly moving engine and train.
Upon his examination in chief plaintiff, after testifying that *324after be bad turned out from tbe road to tbe right to cross track said, “I don’t know bow far I went, but I stopped, looked and listened to see if any train was coming.”
Plaintiff further stated: “After I stopped, looked and listened and beard nothing, I started off in a slow walk and did not know there was a train coming until I got on…
2Cases cited7 opinions
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Schofield v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1885
- Northern Pacific Railroad v. FreemanSupreme Court of the United States · 1899
- Trull v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1909
- Parker v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Johnson v. SOUTHERN RAILWAY COMPANYSupreme Court of North Carolina · 1961
- Exum v. . R. R.Supreme Court of North Carolina · 1911
- Exum v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
- Pope v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1928
- Barney L. Cagle v. Norfolk Southern Railway Co.Court of Appeals for the Fourth Circuit · 1957
3 more not listed; retrieve them via the Exa API.