Legal Opinion

Ellerbe v. Carolina Central R. R.

Supreme Court of North Carolina

Decided February 5, 1896PublishedCited by 14 opinions

Civil aotioN, tried before Hol&e, J, at October Term, 1895, of RICHMOND Superior Court. There was a verdict and judgment for defendant; the plaintiff appealed. All essential facts are set out in the opinion of the Court.

1Opinion of the Court

Montgomery, J.:

The defendant’s train of cars, having-become detached, was moving- along with an interval of from 50 to 100 yards. The plaintiff’s intestate and two others were walking on the track, and, their attention being attracted by the noise of the train in their rear, they stepped off the track in good time. They had not obsérved that the train had become detached, and instantly, upon the front section having passed, they jumped back upon the track and continued their walk. The other two, discovering the rear section coming from behind them, got out of danger, but the intestate,…

2Cases cited3 opinions

  1. Denmark v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1890
  2. Breckenfelder v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1890
  3. Sherrill v. Western Union Telegraph Co.Supreme Court of North Carolina · 1895

3Cited by14 opinions

  1. Redmon v. . R. R.Supreme Court of North Carolina · 1928
  2. Cook v. Southern Railway Co.Supreme Court of North Carolina · 1901
  3. Beach v. Southern Railway Co.Supreme Court of North Carolina · 1908
  4. Graves v. Railroad Co.Supreme Court of North Carolina · 1904
  5. Sheldon v. City of AshevilleSupreme Court of North Carolina · 1896

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