Legal Opinion

Ward v. Wilmington & Weldon Railroad

Supreme Court of North Carolina

Decided September 15, 1891PublishedCited by 7 opinions

This was a civil action, tried at Pall Term, 1890, of the Superior Court .of-Pender County, before Arm field, J. The issues submitted, with the responses by the jury, were as follows: “1. Did defendant, by its negligence in’moving its cars and engines, kill the horse of the plaintiff? Yes. 2. If yes, what damage has plaintiff sustained thereby? Eighty-eight dollars.”

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This was a civil action, tried at Pall Term, 1890, of the Superior Court .of-Pender County, before Arm field, J. The issues submitted, with the responses by the jury, were as follows: “1. Did defendant, by its negligence in’moving its cars and engines, kill the horse of the plaintiff? Yes. 2. If yes, what damage has plaintiff sustained thereby? Eighty-eight dollars.” There was testimony offered on the part of the plaintiff tending to show that, within six months before the beginning of this action, the defendant had killed the horse of the plaintiff by running against him in the day-time with…

1Opinion of the Court

Avery, J.:

It is settled law in this State that if an engineer in charge of an engine sees, or can, by keeping a careful outlook, see a cow or horse upon the track in his front, it is his duty to stop the train, if he can do so without peril to the passengers and property under his charge, by the use of all the appliances for checking the speed at his command. Carlton v. Railroad, 104 N C., 365; Wilson v. Railroad, 90 N. C., 69; Snowden v. Railroad, 95 N. C., 93; Bullock v. Railroad, 105 N. C., 180; Deans v. Railroad, 107 N. C., 686.

If, by the exercise of ordinary care, the engineer can…

2Cases cited4 opinions

  1. Deans v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
  2. Bullock v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
  3. Wilson v. Norfolk & Southern RailroadSupreme Court of North Carolina · 1884
  4. Snowden v. Norfolk Southern RailroadSupreme Court of North Carolina · 1886

3Cited by7 opinions

  1. Norton v. North Carolina RailroadSupreme Court of North Carolina · 1898
  2. Raleigh & Augusta Air Line Railroad v. SturgeonSupreme Court of North Carolina · 1897
  3. Moore v. Electric Co.Supreme Court of North Carolina · 1904
  4. Shields v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1901
  5. Ward v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1893

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