Davis v. Railroad Co.
Supreme Court of North Carolina
ActioN by II. A. Davis, administrator, against tbe Seaboard Air Line Railway, beard by Judge W. B. Council and a jury, at May Term, 1904, of tbe Superior Court of VaNOE County. From a judgment for tbe plaintiff tbe defendant appealed.
1Opinion of the CourtClark, C. J.
This is an action under Tbe Code, sec. 1498, by the plaintiff, as administrator of bis infant son, two and a half years old, who having wandered off without the knowledge of bis parents was injured on tbe track of tbe defendant by its train so that the child died, and tbe plaintiff alleges this was by the negligence of the defendant.
Tbe defendant, among other exceptions, excepted to a refusal to nonsuit at the close of tbe evidence, and asks us to overrule Russell v. Steamboat Co., 126 N. C., 961, in which it was held that “an action may be maintained by tbe administrator under The Code, sec.…
2Cases cited21 opinions
- Hartfield v. RoperNew York Supreme Court · 1839
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Robinson v. ConeSupreme Court of Vermont · 1850
- Chicago City Railway Co. v. WilcoxIllinois Supreme Court · 1891
- Deans v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
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3Cited by19 opinions
- State v. FosterSupreme Court of North Carolina · 1973
- Pickett v. . R. R.Supreme Court of North Carolina · 1895
- Kokesh v. PriceSupreme Court of Minnesota · 1917
- Deans v. . R. R.Supreme Court of North Carolina · 1890
- Hunt v. WootenSupreme Court of North Carolina · 1953
14 more not listed; retrieve them via the Exa API.