Legal Opinion · Dissent

Randall v. Richmond & Danville Railroad

Supreme Court of North Carolina

Decided September 5, 1889Published

Negligence — Presumption—Statute, Construction of — Railroad— Injuries to “Live Stock.” This is a civil ACTION, tried at July Term, 1889, of the Superior Court of MadisoN County, before Clark, J. The action was brought to recover damages for the negligent killing of three oxen, belonging to plaintiff, by the defendant’s engine, running on the W. N. C. Railroad.

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Negligence — Presumption—Statute, Construction of — Railroad— Injuries to “Live Stock.” This is a civil ACTION, tried at July Term, 1889, of the Superior Court of MadisoN County, before Clark, J. The action was brought to recover damages for the negligent killing of three oxen, belonging to plaintiff, by the defendant’s engine, running on the W. N. C. Railroad. The plaintiff testified that he was traveling on the public road, returning from a station on defendant’s road, between 8 and 9 p. m., in July, 1888, and driving the oxen, yoked up to a cart. At one point, about one hundred yards from…

1DissentMerrimoN, C. J.

It seems to me that in this case the Court adheres too strictly to the mere letter of the statute interpreted without adverting sufficiently to its spirit and purpose, and thus reach an erroneous conclusion. The statute prescribes that “when any cattle or other live stock be killed or injured by the cars running upon a railroad, it shall be prima facie evidence of negligence on the part of the company in an action for damages against said company,” &c. It will be observed that its terms, as to the cattle and live stock so killed or injured, are general, without specifying anything as to the…

2Cases cited3 opinions

  1. Doggett v. Richmond & Danville RailroadSupreme Court of North Carolina · 1879
  2. Pippen & Gannon v. Wilmington, Columbia & Augusta RailroadSupreme Court of North Carolina · 1876
  3. Durham v. . W. W. R. R. Co.Supreme Court of North Carolina · 1880

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