Owens v. Richmond & Danville Railroad
Supreme Court of North Carolina
Civil. ACTION removed from Davie county and tried at Spring Term, 1882, of Rowan Superior Court, before Eure, J. The plaintiff, administrator of Mike O’Donnell, deceased, who was an engineer on defendant’s road, sues the company to recover damages, alleging that the death of his intestate was caused by the defendant’s negligence. Verdict and judgment for plaintiff, appeal by defendant.
1Opinion of the Court
The winter of 1880-'81 was unusual in its severity and changes of temperature, in consequence of which, by reason of successive freezings and thawings, a large mass of stone and dirt, forming the upper portion of a deep "cut" through which the railroad ran, becoming loosened, on the night of January 7, 1881, was precipitated on the track. The intestate of plaintiff, an engineer in the employment of defendant company, and as such in charge of the fast mail train then moving rapidly southward from Thomasville, its last stopping place, a little after the hour of eleven P. M., brought the train…
2Cases cited7 opinions
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
- Oldfield v. . the N.Y. and Harlem R.R. Co.New York Court of Appeals · 1856
- Hoyt v. City of HudsonWisconsin Supreme Court · 1876
- Thompson v. North Missouri Rail RoadSupreme Court of Missouri · 1873
- Walker v. HerronTexas Supreme Court · 1858
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Aycock v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1883
- Turrentine v. . Richmond Davidson RailroadSupreme Court of North Carolina · 1885
- Meredith v. . Cranberry Coal and Iron CompanySupreme Court of North Carolina · 1888
- Southern Ry. Co. v. HarringtonSupreme Court of Alabama · 1910
- Smith v. Richmond & Danville RailroadSupreme Court of North Carolina · 1888
11 more not listed; retrieve them via the Exa API.