Ward v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal by defendant from 0. H. Allen, Jat February Term, 1914, of Oolítmbus. This action was brought by the plaintiff as administrator of Noah Nobles, to recover damages for the alleged negligent killing of his intestate. The facts are few and simple. The intestate, in broad daylight, was walking on the track of the defendant, known as the Conway branch, towards his home, 3 miles away.
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Appeal by defendant from 0. H. Allen, Jat February Term, 1914, of Oolítmbus. This action was brought by the plaintiff as administrator of Noah Nobles, to recover damages for the alleged negligent killing of his intestate. The facts are few and simple. The intestate, in broad daylight, was walking on the track of the defendant, known as the Conway branch, towards his home, 3 miles away. He saw a freight train approaching, and stepped from the main line onto the west side-track, and continued on his journey. The passenger train had already passed by that place. The main track was used as a…
1DissentClark, C. J.
The plaintiff’s intestate was killed by a shifting engine running backwards with its tender, without ringing the bell or blowing the whistle, and without any lookout on the front of the *161tender as it was running back. Tbe jury found tbat there was evidence of negligence on tbe part of tbe defendant, and tbe judge sustained tbat view. Tbe defendant bas abandoned all tbe exceptions except tbe motion for nonsuit.
Tbe evidence is tbat tbe defendant’s intestate left tbe station at Chad-bourn, going borne along tbe defendant’s track, wbicb bad been used by tbe public as a walkway for fifteen or…
2Cases cited7 opinions
- Purnell v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1898
- Lassiter v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1903
- Bradley v. Ohio River & Charleston Railway Co.Supreme Court of North Carolina · 1900
- Jeffries v. Seaboard Air Line RailroadSupreme Court of North Carolina · 1901
- Pharr v. Southern Railway Co.Supreme Court of North Carolina · 1896
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