Carlton v. Wilmington & Weldon Railroad
Supreme Court of North Carolina
Negligence — Damages to Live Stock — Prayer for Relief— Charge. Civil ACTION, tried before Bynum, J., at August Term, 1889, of Duplin Superior Court. Plaintiff claimed damages for the killing of his mare by negligence of defendant in running its cars and engine. It was not controverted on the evidence that the plaintiff’s mare was knocked off a railroad embankment in the daytime by the defendant’s passenger train and killed.
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Negligence — Damages to Live Stock — Prayer for Relief— Charge. Civil ACTION, tried before Bynum, J., at August Term, 1889, of Duplin Superior Court. Plaintiff claimed damages for the killing of his mare by negligence of defendant in running its cars and engine. It was not controverted on the evidence that the plaintiff’s mare was knocked off a railroad embankment in the daytime by the defendant’s passenger train and killed. The plaintiff’s evidence tended to show that the mare, by proper lookout, could have been seen by the engineer a distance of a mile and a half, the railroad being very…
1Opinion of the CourtClark, J.
— after stating the case: The first prayer for instruction asked, and refused, is based upon the idea that live stock on the approach of- the locomotive will show the same judgment and discretion as human beings under the same circumstances. “It was reasonably certain that the horse would be frightened,” said the late Chief Justice, in Snowden v. R. R., 95 N. C., 93, “ when he saw what was rapidly, in appearance, coming upon him, and would not remain quiet when it passed in three feet of him. He would be quite as apt, as he did in fact, after rushing a short distance along the ditch, to leap…
2Cases cited4 opinions
- Wilson v. Norfolk & Southern RailroadSupreme Court of North Carolina · 1884
- Snowden v. Norfolk Southern RailroadSupreme Court of North Carolina · 1886
- Conwell v. MannSupreme Court of North Carolina · 1888
- State v. . McNeillSupreme Court of North Carolina · 1885
3Cited by23 opinions
- Pickett v. . R. R.Supreme Court of North Carolina · 1895
- Deans v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Bullock v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Meredith v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
- Pickett v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1895
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