Blevins v. Norfolk & Western Railway Co.
Supreme Court of North Carolina
Appeal by plaintiff from Finley, Jat July Term, 1922, of Ashe. Civil action to recover damages for tbe loss of plaintiff’s cow, alleged to bave been killed by tbe negligent operation of defendant’s train. From a judgment in favor of defendant, tbe plaintiff appealed.
1Opinion of the CourtStacy, J.
Plaintiff’s cow was killed by defendant’s train on 2 December, 1920. It was tbe contention of tbe defendant tbat tbe billing was accidental, and tbat tbe train could not bave been stopped in time to bave prevented tbe injury. In reply to this, tbe plaintiff, as a witness in bis own bebalf, offered to testify witbin wbat distance tbe train— admittedly running from ten to fifteen miles an bour — could bave been stopped at tbat particular place. He stated tbat be was familiar with tbe track; tbat be bad often observed trains passing up and down tbe line; tbat there was a cut and a curve at tbe…
2Cases cited2 opinions
- Armfield v. Raleigh & Southport Railway Co.Supreme Court of North Carolina · 1913
- Hanford v. Southern Railway Co.Supreme Court of North Carolina · 1914
3Cited by2 opinions
- Perry v. Southern Surety Co.Supreme Court of North Carolina · 1925
- State v. . HarrisSupreme Court of North Carolina · 1933