Legal Opinion

Parker v. Seaboard Air Line Railway

Supreme Court of North Carolina

Decided March 16, 1921PublishedCited by 12 opinions

Appeal from Lyon, J., at August Term, 1920, of Halifax. This 'action is brought to recover $100,000 damages for personal injuries sustained in a crossing accident at Weldon, N. O., 10 February, 1920. Action was originally brought against Seaboard Air Line Rail•way Company and Walker D. Hines, Director-General of Railroads, but at the trial, by consent of counsel, John Barton Payne, Director General of Railroads, as agent designated by the President under the Transportation…

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Appeal from Lyon, J., at August Term, 1920, of Halifax. This 'action is brought to recover $100,000 damages for personal injuries sustained in a crossing accident at Weldon, N. O., 10 February, 1920. Action was originally brought against Seaboard Air Line Rail•way Company and Walker D. Hines, Director-General of Railroads, but at the trial, by consent of counsel, John Barton Payne, Director General of Railroads, as agent designated by the President under the Transportation Act, was substituted as defendant in lieu of Walker D. Hines. Plaintiff alleges negligence in that the defendant’s…

1Opinion of the CourtClaRK, C. J.

The plaintiff was riding as a passenger in an automobile, and on 10 February, 1920, at a greatly frequented crossing, a little after six p. m., the automobile was struck by the rear car of a backing train. It was a drizzly, rainy evening, and in the automobile, besides the driver, Mrs. Scott, there was the plaintiff seated on the front seat to the right of the driver, four young ladies, and Mrs. Scott’s son, when it reached the crossing in front of the Terminal Plotel in Weldon. At that point where the defendant’s track crosses the street, there are four tracks which converge until the street…

2Cases cited30 opinions

  1. Dyer v. . Erie Railway CompanyNew York Court of Appeals · 1877
  2. Russell v. Carolina Central R. R.Supreme Court of North Carolina · 1896
  3. Britt v. Carolina Northern RailroadSupreme Court of North Carolina · 1908
  4. Purnell v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1898
  5. Lloyd v. Albemarle & Raleigh R. R.Supreme Court of North Carolina · 1896

25 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Bagwell v. . R. R.Supreme Court of North Carolina · 1914
  2. Norfolk & Portsmouth Belt Line Railroad v. ParkerSupreme Court of Virginia · 1929
  3. Norfolk & Western Railway Co. v. Wellons' AdministratorSupreme Court of Virginia · 1930
  4. Williams v. . R. R.Supreme Court of North Carolina · 1924
  5. Parker v. . R. R.Supreme Court of North Carolina · 1921

7 more not listed; retrieve them via the Exa API.

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