Cox v. Norfolk & Carolina Railroad
Supreme Court of North Carolina
Civil ActioN to recover damages for the negligent killing of the intestate of plaintiff by defendant’s train, tried before Allen, J., at November Term, 1899, of Halifax Superior Court. Former trial of tbis cause, reported in 123 N. C., 604. Tbe facts are essentially the same as appeared on the former trial. The body of the intestate was found on the track, at Hob-good, between 12 and 1 o’clock at night, crushed and mutilated.
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Civil ActioN to recover damages for the negligent killing of the intestate of plaintiff by defendant’s train, tried before Allen, J., at November Term, 1899, of Halifax Superior Court. Former trial of tbis cause, reported in 123 N. C., 604. Tbe facts are essentially the same as appeared on the former trial. The body of the intestate was found on the track, at Hob-good, between 12 and 1 o’clock at night, crushed and mutilated. The deceased had been drinking in the village and had started home that night, along a path used by the public which crossed the track. The plaintiff contended that the…
1Opinion of the CourtDouglas, J.
The essential facts in this case are practically the same as they were when the ease was before this Court at its September Term, 1898, reported in 123 N. C., 604. Our opinion in that case settles many of the exceptions now brought up, and especially those relating to the sufficiency of evidence and the submission of issues. There are 37 exceptions by the defendant, one being numbered 13-J, and it is manifestly impracticable to discuss each one separately. There was sufficient evidence on all the issues to go to the jury, and the issues have been too often approved by this Court in similar…
2Cases cited12 opinions
- Inland & Seaboard Coasting Co. v. TolsonSupreme Court of the United States · 1891
- Cox v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1898
- State v. . GrahamSupreme Court of North Carolina · 1876
- Norton v. North Carolina RailroadSupreme Court of North Carolina · 1898
- McLamb v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1898
7 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State v. . GraySupreme Court of North Carolina · 1920
- Bogan v. Carolina Central RailroadSupreme Court of North Carolina · 1901
- State v. . HollandSupreme Court of North Carolina · 1939
- Mintz v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1952
- State v. . PhillipsSupreme Court of North Carolina · 1948
13 more not listed; retrieve them via the Exa API.