Legal Opinion

McArver v. Southern Railway Co.

Supreme Court of North Carolina

Decided December 20, 1901PublishedCited by 9 opinions

ActioN by J. E. McArver, administrator, against tbe Southern Eailway Company, heard by Judge H. B. Starbuch and a jury, at May (Special) Term, 1900, of the Superior Court of GastoN County. From a judgment for the plaintiff, the defendant appealed.

1Opinion of the Court

The plaintiff's intestate was killed about 11 o'clock at night, within the corporate limits of the town of Gastonia, by a westward bound train of the defendant from Charlotte, moving at the rate of about twenty-five miles an hour. The dead body was found, the head toward the west, in a little path alongside the track, and about two feet from ten end of the cross-ties. Below the left ear there were signs of injury, and the left shoulder, down to the elbow, was badly broken and mashed. There was evidence to the effect that the engineer could have seen the intestate if he had been keeping a…

2Cases cited5 opinions

  1. Deans v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
  2. Norwood v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1892
  3. Upton v. RailroadSupreme Court of North Carolina · 1901
  4. Carlton v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1889
  5. Pharr v. Southern Railway Co.Supreme Court of North Carolina · 1896

3Cited by9 opinions

  1. Clegg v. Southern Railway Co.Supreme Court of North Carolina · 1903
  2. Ward v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1914
  3. Middleton v. Norfolk & W. Ry. Co.Court of Appeals for the Fourth Circuit · 1948
  4. Chicago, Burlington & Quincy R. Co. v. the WC HarmsDistrict Court, S.D. Texas · 1954
  5. Holder v. North Carolina RailroadSupreme Court of North Carolina · 1912

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