Legal Opinion

Perry v. Western North Carolina Railroad

Supreme Court of North Carolina

Decided June 5, 1901PublishedCited by 30 opinions

ActioN by J. A. Perry, administrator of Pink Perry, against the Western North. Cair’odiinla Raiilroiadl, hearld by Judge W. B. Council and a jury, at January (Special) Term, 1901, of the Superior Court of Bueke County. From, a judgment for the plaintiff, the defendant appealed.

1Opinion of the Court

This is a civil action brought by the administrator of Pink Perry, deceased, for damages for the alleged negligent killing of his intestate. The following are the issues as submitted and answered:

1. Was the injury resulting in the death of the plaintiff's intestate caused by the negligence of the Southern Railway Company as alleged in the complaint? Ans. Yes.

2. Did intestate by his own negligence contribute to (472) the injury resulting in his death? Ans. Yes.

3. Notwithstanding such negligence on the part of the said intestate, could the Southern Railway Company by the exercise of due care…

2Cases cited5 opinions

  1. Aycock v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1883
  2. Norton v. North Carolina RailroadSupreme Court of North Carolina · 1898
  3. McLamb v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1898
  4. Logan v. . R. R.Supreme Court of North Carolina · 1895
  5. James v. Western North Carolina RailroadSupreme Court of North Carolina · 1897

3Cited by30 opinions

  1. State v. MillerSupreme Court of North Carolina · 1967
  2. State v. NoellSupreme Court of North Carolina · 1974
  3. State v. . TuckerSupreme Court of North Carolina · 1925
  4. State v. . LittleSupreme Court of North Carolina · 1947
  5. State v. BowenSupreme Court of North Carolina · 1949

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