McGhee v. Norfolk & Southern Railway Co.
Supreme Court of North Carolina
ActioN tried before Lyon, J., from Graved, November Term, 1907. This action was heard upon the complaint and demurrer. Plaintiff alleged: 1. That the defendant Norfolk and Southern Railway Company is organized and existing according to law, and that at all times herein mentioned it was engaged in operating railroads in said State and elsewhere. 2. That defendant J. G. White & Co. is a foreign corporation and at all times herein mentioned was engaged in constructing a…
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ActioN tried before Lyon, J., from Graved, November Term, 1907. This action was heard upon the complaint and demurrer. Plaintiff alleged: 1. That the defendant Norfolk and Southern Railway Company is organized and existing according to law, and that at all times herein mentioned it was engaged in operating railroads in said State and elsewhere. 2. That defendant J. G. White & Co. is a foreign corporation and at all times herein mentioned was engaged in constructing a railroad for the defendant Norfolk and Southern Railway Company from New Bern to Washington, North Carolina, as plaintiff is…
1Opinion of the Court
CoNNOR, J.,
after stating the facts: Taking tbe averments in the complaint to be true, as admitted by tbe demurrer, two questions are presented:
1. Was there a breach of duty to tbe plaintiff on tbe part of tbe defendants ?
2. Was it tbe proximate cause of tbe injury ?
It is said that tbe demurrer admits negligence. The demurrer admits the facts set out, with such inferences to be drawn from them as are most favorable to plaintiff. Tbe law prescribes tbe measure of duty which defendants owe to plaintiff upon tbe facts and tbe inferences to be drawn from them-. A defendant cannot by demurring…
2Cases cited17 opinions
- Haynes v. Kaleigh Gas Co.Supreme Court of North Carolina · 1894
- Woolf v. ChalkerSupreme Court of Connecticut · 1862
- Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Leathers v. Blackwell Durham Tobacco Co.Supreme Court of North Carolina · 1907
- Ramsbottom v. RailroadSupreme Court of North Carolina · 1905
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