Goforth v. Southern Railway Co.
Supreme Court of North Carolina
Civil actios, tried before Guión, J., and a jury, at January Term, 1907, of tbe Superior Court of McDowell County. Prom a judgment for tbe defendant, plaintiff appealed.
1Opinion of the CourtClark, C. J.
Tbe plaintiff was thrown and injured by bis mule slipping and falling while plaintiff was driving him across tbe defendant’s track at Gardner’s Crossing, a flag station on defendant’s road. Tbe defendant bad always kept up this crossing from tbe time tbe road was built by having-planks nailed down between tbe rails and a plank on tbe outside of each rail. But a few weeks before this injury the defendant, in working its track, bad torn up these planks and bad not put them back. There was evidence from which the jury could have found that if tbe crossing bad been restored to its former…
2Cases cited5 opinions
- New York & New England Railroad v. BristolSupreme Court of the United States · 1894
- Louisville & Nashville Railroad v. KentuckySupreme Court of the United States · 1896
- Wabash Railroad v. DefianceSupreme Court of the United States · 1897
- Raper v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1900
- Wheeler v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1900
3Cited by9 opinions
- Bundy v. . PowellSupreme Court of North Carolina · 1949
- Price v. Seaboard Air Line Railroad Co.Supreme Court of North Carolina · 1968
- Penninger v. Norfolk Southern RailroadSupreme Court of North Carolina · 1915
- Cashatt v. . BrownSupreme Court of North Carolina · 1937
- Stone v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1929
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