Paul v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal by defendant from Allen, J., at April Term, 1915, of Oum-BERLAND. Action for tbe recovery of damages for personal injuries, alleged to have been caused by the negligence of the defendant.
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Appeal by defendant from Allen, J., at April Term, 1915, of Oum-BERLAND. Action for tbe recovery of damages for personal injuries, alleged to have been caused by the negligence of the defendant. The plaintiff’s evidence tended to show — the defendant not having introduced any evidence — that the plaintiff, a white man about 35 years old, with one Hagan, drove a mule, hitched to a buggy in which they were riding, into the town of Parkton, about 2 o’clock in the afternoon of 26 January, 1914. Desiring to go on the east side of the defendant’s track, they found some of the street crossings…
1Opinion of the CourtAlleN, J.
It is established by the evidence that the defendant blocked a public crossing in the town of Parkton with a train of cars in violation of the ordinance of the town, and this is negligence; but a plaintiff cannot recover upon proof of negligence alone. He must go further and show that the negligence complained of is the proximate cause of his injury. Ledbetter v. English, 166 N. C., 125; McNeill v. R. R., 167 N. C., 390. The real controversy, therefore, between the plaintiff and the defendant on the issue of negligence, raised by the motion for judgment of nonsuit, is whether there is any…
2Cases cited15 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Insurance Co. v. BoonSupreme Court of the United States · 1877
- Southern Railway Co. v. WebbSupreme Court of Georgia · 1902
- Harton v. . Telephone Co.Supreme Court of North Carolina · 1906
- Baltimore & Potomac Railroad v. ReaneyCourt of Appeals of Maryland · 1875
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3Cited by6 opinions
- Fort Worth & D. C. Ry. Co. v. RoweCourt of Appeals of Texas · 1934
- Taylor v. Neuse Lumber Co.Supreme Court of North Carolina · 1917
- Kahn v. Southern Ry. Co.Court of Appeals for the Fourth Circuit · 1953
- Missouri-Kan.-Tex. R. Co. of v. McLainCourt of Appeals of Texas · 1934
- Harvell v. . Lumber Co.Supreme Court of North Carolina · 1911
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