Legal Opinion

Southerland v. Wilmington & Weldon Railroad

Supreme Court of North Carolina

Decided February 5, 1890PublishedCited by 34 opinions

This was a civil action, tried before Shipp, J., at Spring Term, 1889, of New Hanover Superior Court. It was in evidence, on the part of the plaintiff, that his intestate, T. J. Southerland, was run over and killed by one of the trains of the defendant on the 8th day of March, A. D. 1887, at about half-past three o’clock in the afternoon. The train was running northward from Wilmington towards Weldon.

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This was a civil action, tried before Shipp, J., at Spring Term, 1889, of New Hanover Superior Court. It was in evidence, on the part of the plaintiff, that his intestate, T. J. Southerland, was run over and killed by one of the trains of the defendant on the 8th day of March, A. D. 1887, at about half-past three o’clock in the afternoon. The train was running northward from Wilmington towards Weldon. The deceased was crossing the’ railroad bridge over Smith’s Creek, and had reached the abutment at its southern end, when he was struck by the cars. It was further in evidence that three women…

1Opinion of the CourtAvery, J.

after stating (he facts: What an agent says while doing any act within the scope of his agency, characterizing or qualifying the act, is admissible as a part of the res gestie, and may be offered either for or against the principal; but what the agent says afterwards, though his agency may continue as to other matters, or generally, is only hearsay. Sm ith v. Railroad, 68 N. C., 107; McComb v. Railroad, 70 N. C., 178; Branch v. Railroad, 88 N. C., 575.

It was clearly incompetent, therefore, to show, on the part of the plaintiff, by another witness, what the defendant’s engineer, who was in…

2Cases cited3 opinions

  1. McKinnon v. . MorrisonSupreme Court of North Carolina · 1889
  2. Smith v. N. C. RailroadSupreme Court of North Carolina · 1873
  3. Branch v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1883

3Cited by34 opinions

  1. Hubbard v. Southern Railway Co.Supreme Court of North Carolina · 1932
  2. Ohio & Mississippi Railway Co. v. SteinIndiana Supreme Court · 1892
  3. Henderson v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1912
  4. Gazzam v. German Union Fire InsuranceSupreme Court of North Carolina · 1911
  5. Godfrey v. . Power Co.Supreme Court of North Carolina · 1925

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