Penninger v. Norfolk Southern Railroad
Supreme Court of North Carolina
Appeal by defendant from Lane, J., at April Term, 1915, of Mece:-LENBURG. Civil action. The action was to recover damages for injuries caused by the alleged negligence of defendant company.
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Appeal by defendant from Lane, J., at April Term, 1915, of Mece:-LENBURG. Civil action. The action was to recover damages for injuries caused by the alleged negligence of defendant company. It was alleged, and there was evidence on the part of plaintiff tending to show that, on or about 12 March, 1914, while plaintiff was endeavoring to cross defendant’s track at a public crossing, in the suburban village of North Trvon, Charlotte, N. C., he was run on and severely injured by one of defendant’s trains coming from the east; that tbe train was moving at an unusual and improper rate of speed and…
1Opinion of the CourtHoKE, J.
It was urged for error on the part of defendant that the case should have been nonsuited on motion, and chiefly upon the ground thatjplaintiff, on his own showing, was guilty of contributory negligence as a matter of law. The position is allowed to prevail in restricted instances, when upon the entire testimony making in support of plaintiff’s claim, accepted as true and construed in the light most favorable to him, it is clear that he has been guilty of contributory negligence. Trull’s case, 151 N. C., 545; Neal’s case, 126 N. 0., 638, and others. But the principle may not be applied to the…
2Cases cited13 opinions
- Johnson v. . R. R.Supreme Court of North Carolina · 1913
- Norton v. North Carolina RailroadSupreme Court of North Carolina · 1898
- Trull v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1909
- Fann v. . R. R.Supreme Court of North Carolina · 1911
- Farris v. Southern Railway Co.Supreme Court of North Carolina · 1909
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Coleman v. . R. R.Supreme Court of North Carolina · 1910
- Pope v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1928
- Wolfe v. . R. R.Supreme Court of North Carolina · 1911
- Jackson v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1921
- Lee v. . R. R.Supreme Court of North Carolina · 1920
3 more not listed; retrieve them via the Exa API.