Morgan v. Norfolk Southern Railroad
Supreme Court of North Carolina
This is a Civil ACTION, which was tiled before Avery, Judge, at Spring Term, 1887, of PasquotaNK Superior Court. The plaintiff alleged, that by reason of the faulty construction of its road at the crossing of Pennsylvania Avenue, a street in the town of Elizabeth City, and also by reason of the negligent and reckless conduct of its agents in the management of its trains, his horse was frightened and ran away, whereby he and his wife were seriously injured, and the horse and…
Read the full summary
This is a Civil ACTION, which was tiled before Avery, Judge, at Spring Term, 1887, of PasquotaNK Superior Court. The plaintiff alleged, that by reason of the faulty construction of its road at the crossing of Pennsylvania Avenue, a street in the town of Elizabeth City, and also by reason of the negligent and reckless conduct of its agents in the management of its trains, his horse was frightened and ran away, whereby he and his wife were seriously injured, and the horse and buggy damaged. The defendant denied that its road was improperly constructed, or that its agents were guilty of…
1Opinion of the CourtMerrimoN, J.
The Court, among other things, said to the jury on the trial that:
“ 1. There is only one view presented by the evidence, in which the jury can find that the injury was caused by the negligence of the defendant. If the engine and tender of the defendant company were crossing and re-crossing the .street of the town at a public crossing, and when the plaintiff, approaching the crossing, reached a point from fifteen to thirty yards from the crossing, the engineer saw the plaintiff, and caused the engine, then on or partly on the crossing, to make an unnecessary noise, and thereby so frightened…
2Cited by15 opinions
- Everett v. Receivers of Richmond & Danville RailroadSupreme Court of North Carolina · 1897
- Thomason v. RailroadSupreme Court of North Carolina · 1906
- Adams v. Durham & Northern RailroadSupreme Court of North Carolina · 1892
- Duffy v. A. & N. C. RailroadSupreme Court of North Carolina · 1907
- BEASON v. I. E. MILLER SERVICES, INC.Supreme Court of Oklahoma · 2019
10 more not listed; retrieve them via the Exa API.