Troy v. Cape Fear & Yadkin Valley Railroad
Supreme Court of North Carolina
Negligence — Proximate Cause — Evidence—Damages—Trespasser —License— Trial — Railroads. Civil actioN, tried before Clark /., at May Term, 1887, of the Superior Court of Cumberland County, to recover damages for the alleged negligent killing of Thomas McDonald, the intestate of the plaintiff. It is alleged and admitted that on or about the night of October 19th, 1883, Thomas McDonald was run over while, on the defendant’s track in the town of Fayetteville.
Read the full summary
Negligence — Proximate Cause — Evidence—Damages—Trespasser —License— Trial — Railroads. Civil actioN, tried before Clark /., at May Term, 1887, of the Superior Court of Cumberland County, to recover damages for the alleged negligent killing of Thomas McDonald, the intestate of the plaintiff. It is alleged and admitted that on or about the night of October 19th, 1883, Thomas McDonald was run over while, on the defendant’s track in the town of Fayetteville. The plaintiff alleges that his intestate was walking on the defendant company’s track at the time of the injury at a place where “it was…
1Opinion of the Court
Davis, J.,
(after stating the case). The charge of the Court was given with care, and we think stated the law fully and fairly as applicable to every view presented by the evidence. We have given it, as sent up with the case on appeal, but only two exceptions — one to the first instruction asked for by the plaintiff, which was given, and the other to the 6th instruction asked for by the defendant, which was refused— were insisted upon in this Court, and as the other exceptions were not pressed, we dispose of them by saying that they were of no avail.
1. The defendant says that the plaintiff’s…
2Cases cited5 opinions
- H. & T. C. R'y Co. v. SympkinsTexas Supreme Court · 1881
- Baltimore & Ohio Railroad v. State ex rel. TrainorCourt of Appeals of Maryland · 1871
- Byrne v. New York Central & Hudson River R. R.New York Court of Appeals · 1887
- Parker v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1882
- Vicksburg & Meridian Railroad v. McGowanMississippi Supreme Court · 1885
3Cited by49 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Felton v. AubreyCourt of Appeals for the Sixth Circuit · 1896
- Deans v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Bullock v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Wagoner v. North Carolina RailroadSupreme Court of North Carolina · 1953
44 more not listed; retrieve them via the Exa API.