Griffin v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal by defendant from Peebles, J., at February Term, 1914, of IIaRNEtt. Civil action. ' Tbe following issues were submitted to the jury: 1. Was plaintiff’s intestate killed by the negligence of the defendant? • ■ 2. Did the plaintiff’s intestate, by his own negligence, contribute to his own injury? 3. What damage, if any, is the plaintiff 'entitled to recover ?
1Opinion of the CourtBbowN, J.
At the close of all the evidence, the court being of the opinion that there was no evidence of negligence of the defendant, and the court having intimated that it would charge the jury upon all the evidence to answer the first issue in favor of the defendant, the plaintiff, in deference to this ruling of the court, excepted and submitted to a nonsuit and appealed. ■
The plaintiff’s evidence tends to prove that on the night of 21 July, 1912, some time between 3 o’clock a. m. and morning, the plaintiff’s intestate was killed by one of the defendant’s trains' near the corporate limits of the town…
2Cited by4 opinions
- Horne v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1916
- Horne v. . R. R.Supreme Court of North Carolina · 1916
- Calvin v. SchaffSupreme Court of Kansas · 1925
- Horne v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1916