Pierce v. North Carolina R. R.
Supreme Court of North Carolina
Statement of case by Mr. Justice Claris: This was a case tried before Allen, J., and a jury, at November Term, 1898, of EowaN Superior Court, for tbe recovery of damages for the death of the plaintiff’s intestate, a boy of from twelve to thirteen years of age, who was run over and killed by the defendant’s engine and tender, while shifting cars in the town of Salisbury. There was no exception to evidence.
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Statement of case by Mr. Justice Claris: This was a case tried before Allen, J., and a jury, at November Term, 1898, of EowaN Superior Court, for tbe recovery of damages for the death of the plaintiff’s intestate, a boy of from twelve to thirteen years of age, who was run over and killed by the defendant’s engine and tender, while shifting cars in the town of Salisbury. There was no exception to evidence. At the close of plaintiff’s evidence the defendant moved to dismiss the complaint and for judgment as of nonsuit. Motion overruled and defendant excepted. The examination of other witnesses…
1Opinion of the CourtClark, J.
Tke motion to dismiss tb© complaint and for judgment of nonsuit appears from brief of defendant’s counsel to be intended to raise again tbe question whether the lessor company, the North Carolina Railroad Company, the defendant herein, is liable “for all acts done by the lessee in the operation of the road,” as was held in Logan v. Railroad, 116 N. C., 940; but why the counsel should feel “encouraged to believe” that “this Court will retire from the position it has taken upon the question” we are not advised. We have perceived no lack of “soundness of reasoning” therein. The decision in…
2Cases cited11 opinions
- Denver & Rio Grande Railway v. HarrisSupreme Court of the United States · 1887
- Rounds v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1876
- Denmark v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1890
- Logan v. North Carolina RailroadSupreme Court of North Carolina · 1895
- Benton v. North Carolina RailroadSupreme Court of North Carolina · 1898
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