Daily v. Richmond & Danville Railroad
Supreme Court of North Carolina
Civil action, tried at February Term, 1889, of the Superior Court of Catawba County, before Philips, J. This action was to recover damages in the sum of $2,000 against the defendant above named for injuries suffered by Hiram Daily, an idiot, said injuries alleged to have been caused by the negligence of the defendant. W. A. Clay, a witness for the plaintiff, testified as follows: “ I live in Hickory; I am a boot and shoe maker; my shop is west of the public square and depot.
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Civil action, tried at February Term, 1889, of the Superior Court of Catawba County, before Philips, J. This action was to recover damages in the sum of $2,000 against the defendant above named for injuries suffered by Hiram Daily, an idiot, said injuries alleged to have been caused by the negligence of the defendant. W. A. Clay, a witness for the plaintiff, testified as follows: “ I live in Hickory; I am a boot and shoe maker; my shop is west of the public square and depot. The street from east to west is Morganton street — two pass-ways. The railroad runs between the streets; both the…
1Opinion of the CourtAvery, J.
after stating the facts: We concur with the Court below in the opinion that plaintiff is not, in any view of the testimony, entitled to recover. He could not, according to the evidence, have seen the approaching train until he stepped off the Narrow-gauge road and was within six feet of the main track along which it was coming. There is no testimony tending to show how near it was to him when he attempted to cross, and it would have been impossible for the jury to have determined whether the defendant’s agents were negligent in failing to stop the train (if it was their duty to make any…
2Cases cited1 opinion
- Parker v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1882
3Cited by7 opinions
- Deans v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Meredith v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
- Norwood v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1892
- Beach v. Southern Railway Co.Supreme Court of North Carolina · 1908
- McAdoo v. . RailroadSupreme Court of North Carolina · 1890
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