Stewart v. Railroad
Supreme Court of North Carolina
AotioN by Mary A. Stewart, Administratrix of • S. T. Stewart, against the Raleigh & Augusta and Seaboard Air Line Railway Co., beard by Judge Ghas. M. Ooolce and a jury, at the October Term, 1905, of the Superior Court of Wake. Action by plaintiff to recover damages for tbe death of her intestate by reason of alleged negligence of defendant.
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AotioN by Mary A. Stewart, Administratrix of • S. T. Stewart, against the Raleigh & Augusta and Seaboard Air Line Railway Co., beard by Judge Ghas. M. Ooolce and a jury, at the October Term, 1905, of the Superior Court of Wake. Action by plaintiff to recover damages for tbe death of her intestate by reason of alleged negligence of defendant. There was evidence tending to show that plaintiff’s intestate was, on June 23, 1903, in the employment of defendant as locomotive engineer; had run train No. 6 on the main line; he was given a copy of defendant’s book of rules and stood an examination as…
1Opinion of the Court
Connor, J.,
after stating the case: It will be well to dispose of certain exceptions pointed to Ilis Honor’s ruling upon objections to the admissibility of testimony before proceeding to discuss the instructions given to the jury and the refusal to give several of those asked. These exceptions are grouped in defendant’s brief because, as said, they present practically the same questions of law.
A number of rules prescribed by the company for the government of engineers in the operation of trains were introduced by defendant. It was shown that they were contained in a book, a copy of which'was…
2Cases cited10 opinions
- Coffin v. United StatesSupreme Court of the United States · 1895
- Cogdell v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1903
- Chicago & Alton Railroad v. ShannonIllinois Supreme Court · 1867
- McCreary v. TurkSupreme Court of Alabama · 1856
- Witsell v. . R. R.Supreme Court of North Carolina · 1897
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3Cited by14 opinions
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- Smith v. ChildsCourt of Appeals of North Carolina · 1993
- Overcash v. Charlotte Electric Railway Light & Power Co.Supreme Court of North Carolina · 1907
- Troxler v. . R. R.Supreme Court of North Carolina · 1899
- J. M. Guffey Petroleum Co. v. DinwiddieCourt of Appeals of Texas · 1914
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