Bordeaux v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
ACTION to recover damages for the alleged negligent, killing of L. W. Bordeaux, tried before Biggs, J., and a jury,- at October Term, 1908, of Wayne.
Read the full summary
ACTION to recover damages for the alleged negligent, killing of L. W. Bordeaux, tried before Biggs, J., and a jury,- at October Term, 1908, of Wayne. These issues were submitted to the jury: 1. “Was the plaintiff’s intestate killed by the negligence of the defendant company?” Answer: “Yes.” 2. “Did the plaintiff’s intestate, by his own negligence, contribute to his death ?” Answer: “No.” 3. “What damages, if any, is plaintiff entitled to recover?” Answer: “Six thousand dollars.” Defendant appealed. The facts are stated in the opinion of the Court.
1Opinion of the CourtBrown, J.
Tbe evidence discloses a state of facts which, with the exception hereinafter noted, is practically uncontested.
Plaintiff’s intestate was a car repairer, employed in defendant’s switching and repair yards at South Rocky Mount, whose duty it was to repair cars standing on the numerous tracks therein. For the protection of its workmen the defendant had long since adopted and published .rules which required those employed in repairing cars on tracks in the yards to place a blue flag on the car, so as to give notice to the switch enginemen not to move, such cars or run other cars in on them, so…
2Cases cited10 opinions
- Dowd v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1902
- Ray v. RailroadSupreme Court of North Carolina · 1906
- Hudson v. RailroadSupreme Court of North Carolina · 1906
- Wilson v. RailroadSupreme Court of North Carolina · 1906
- State v. Archbell.Supreme Court of North Carolina · 1905
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Wagoner v. North Carolina RailroadSupreme Court of North Carolina · 1953
- Farris v. Southern Railway Co.Supreme Court of North Carolina · 1909
- Fry v. Southern Public Utilities Co.Supreme Court of North Carolina · 1922
- Nowell v. BasnightSupreme Court of North Carolina · 1923
- Choate Rental Co. v. JusticeSupreme Court of North Carolina · 1936
10 more not listed; retrieve them via the Exa API.