Legal Opinion

McManus v. Seaboard Air Line Railway Co.

Supreme Court of North Carolina

Decided December 5, 1917PublishedCited by 20 opinions

Civil action, tried before Webb3 Jand a jury, at May Term, 1917, of UNION. The action was to recover damages for death of plaintiff’s intestate, caused by the alleged negligence of defendant company, and on denial of liability, plea of contributory negligence, etc., the following verdict was rendered by the jury. 1. Was plaintiff’s intestate killed by the negligence of the defendant, as alleged in the complaint? Answer: Yes. 2. If so, did plaintiff’s intestate by his own…

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Civil action, tried before Webb3 Jand a jury, at May Term, 1917, of UNION. The action was to recover damages for death of plaintiff’s intestate, caused by the alleged negligence of defendant company, and on denial of liability, plea of contributory negligence, etc., the following verdict was rendered by the jury. 1. Was plaintiff’s intestate killed by the negligence of the defendant, as alleged in the complaint? Answer: Yes. 2. If so, did plaintiff’s intestate by his own negligence contribute to the injury which caused his death? Answer: Yes. 3. If so, notwithstanding the negligence of…

1Opinion of the CourtHoke, J.

There was evidence tending to show that, in January, 1917, the defendant company and the Piedmont and Northern were using a temporary bridge or trestle over the Catawba River, near Mount Holly, N. C., and their trains running over a main track on said trestle, which was straight and approached in a straight line from the west for a distance of 300 to 400 feet; that the Piedmont and Northern were having this trestle made a permanent structure, or were building a bridge just above, and for that purpose had placed a dummy line over the trestle from the western bank to a chute in the middle of…

2Cases cited10 opinions

  1. Johnson v. . R. R.Supreme Court of North Carolina · 1913
  2. Bullock v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
  3. Clark v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1891
  4. Farris v. Southern Railway Co.Supreme Court of North Carolina · 1909
  5. Snipes v. Camp Manufacturing Co.Supreme Court of North Carolina · 1910

5 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. State v. WilkersonSupreme Court of North Carolina · 1978
  2. Ingram v. . Smoky Mountain Stages, Inc.Supreme Court of North Carolina · 1945
  3. Pickett v. . R. R.Supreme Court of North Carolina · 1895
  4. State v. . SmoakSupreme Court of North Carolina · 1938
  5. Deans v. . R. R.Supreme Court of North Carolina · 1890

15 more not listed; retrieve them via the Exa API.

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