Legal Opinion

Roberts v. Richmond & Danville Railroad

Supreme Court of North Carolina

Decided February 5, 1883PublishedCited by 18 opinions

Civil ActioN tried at Pall Term, 1882, of MeckleNrurg Superior Court, before Graves, J. This action was commenced before a justice of the peace to recover damages for killing a cow of the plaintiff.

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Civil ActioN tried at Pall Term, 1882, of MeckleNrurg Superior Court, before Graves, J. This action was commenced before a justice of the peace to recover damages for killing a cow of the plaintiff. The cow, without the plaintiff’s, knowledge, escaped from the enclosed pasture ground in which she had been confined, and strayed off and, from a crossing highway, entered upon the track of the defendant’s railroad and was seen by the engineer of an approaching train when a mile distant as she came out of a “cut.” It was midday; the train consisted of eighteen loaded cars; the engineer applied the…

1Opinion of the CourtSmith, C. J.

By a local act applicable to the county of Mecklenburg, where the collision occurred, it is made unlawful for live stock to roam at large in that county, and the owner, who negligently permits it, commits an indictable offence. Act 1876-77, ch. 122.

The errors assigned in the record brought up by the defendant’s appeal, are in the refusal of the court to give to the jury the following instructions :

1. If the plaintiff, being required to keep his cattle fenced in, allowed his cow to stray off and go upon the company’s road where she was exposed to injury and was injured by the train, he was…

2Cases cited5 opinions

  1. Gunter v. . WickerSupreme Court of North Carolina · 1881
  2. Doggett v. Richmond & Danville RailroadSupreme Court of North Carolina · 1879
  3. Burton v. . W. W. R. R.Supreme Court of North Carolina · 1881
  4. Illinois Central Railroad v. FinniganIllinois Supreme Court · 1859
  5. Hendersonville v. . McMinnSupreme Court of North Carolina · 1880

3Cited by18 opinions

  1. Pickett v. . R. R.Supreme Court of North Carolina · 1895
  2. Pickett v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1895
  3. Smith v. Norfolk & Southern RailroadSupreme Court of North Carolina · 1894
  4. Smith v. . R. R.Supreme Court of North Carolina · 1894
  5. Chattanooga Ry. & Light Co. v. BettisTennessee Supreme Court · 1917

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