Boney v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal from Whedbee, J., at tbe November Term, 1910, of DUPLIN. Tbis is an action to recover damages for the killing of the plaintiffs intestate by the defendant.
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Appeal from Whedbee, J., at tbe November Term, 1910, of DUPLIN. Tbis is an action to recover damages for the killing of the plaintiffs intestate by the defendant. The plaintiff alleges that'his intestate, G. W. Boney, was in the employment of the defendant as engineer, and that he was killed on the main line of the defendant near South Rocky Mount, while on duty, at 2.30 o’clock A. M. of 6 November, 1907, by running into an open switch and coming in collision with another train. The plaintiff alleges various acts of negligence on the part of the defendant. The defendant denies that it was…
1Opinion of the Court
Allen, J.,
after stating the case. . The first and second exceptions are to the refusal to allow a witness for the defendant, J. M. Donlan, an engineer, to answer the following questions:
First. If the jury shall find from the evidence that Mr. Boney’s train had been running at six miles per hour at the time it collided with the train, and the other train with which it collided was running slowly in the same direction, what would have been the effect on the train and engine on which Mr. Boney was riding?
*105Second. If tbe jury shall find from the evidence that the engine and train which were being…
2Cases cited3 opinions
- Wilkinson v. . DunbarSupreme Court of North Carolina · 1908
- Edge v. Atlantic Coast Line Railway Co.Supreme Court of North Carolina · 1910
- Snow Lumber Co. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1909
3Cited by9 opinions
- Arrowood v. . R. R.Supreme Court of North Carolina · 1900
- Stewart v. . Carpet Co.Supreme Court of North Carolina · 1905
- Horne v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1916
- Horne v. . R. R.Supreme Court of North Carolina · 1916
- Lumber Co. v. . R. R.Supreme Court of North Carolina · 1909
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