Norwood v. Raleigh & Gaston Railroad
Supreme Court of North Carolina
This was a civil actior, brought by the plaintiff to recover damages for the negligent killing of her intestate by the defendant’s engine, and tried at April Term, 1892, of Wake Superior Court, Connor, /., presiding. ^ After the testimony was closed the Court intimated that, the plaintiff was not entitled, in any view of the evidence, to recover. The plaintiff submitted to judgment of nonsuit, and appealed.
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This was a civil actior, brought by the plaintiff to recover damages for the negligent killing of her intestate by the defendant’s engine, and tried at April Term, 1892, of Wake Superior Court, Connor, /., presiding. ^ After the testimony was closed the Court intimated that, the plaintiff was not entitled, in any view of the evidence, to recover. The plaintiff submitted to judgment of nonsuit, and appealed. The substance of all the material testimony was as follows: The body of plaintiff’s intestate was found on the night of December 27, 1891,. about two hours after dark, seventy-one and…
1Opinion of the CourtAvery, J.
after stating the case, proceeded : Plaintiff’s intestate could not have received the wounds, which caused bis death, without going at least upon the end of a cross-tie on defendant's track. When he placed himself in a position where he was liable- to be stricken by a passing engine, it was his duty to keep a sharp lookout, and if he carelessly, recklessly, or in a drunken stupor, remained on the track when the engine was approaching and till it came in contact with him, he was negligent. If he put himself in the way of the moving engine and was killed by it, his negligence was, at least, a…
2Cases cited4 opinions
- Deans v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Clark v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1891
- Doggett v. Richmond & Danville RailroadSupreme Court of North Carolina · 1879
- Daily v. Richmond & Danville RailroadSupreme Court of North Carolina · 1890
3Cited by41 opinions
- Pickett v. . R. R.Supreme Court of North Carolina · 1895
- High v. Carolina Central RailroadSupreme Court of North Carolina · 1893
- Pickett v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1895
- Neal v. . R. R.Supreme Court of North Carolina · 1900
- Beach v. Southern Railway Co.Supreme Court of North Carolina · 1908
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