Pickett v. Wilmington & Weldon Railroad
Supreme Court of North Carolina
This was a oivm actioN to recover damages for the alleged negligent killing of the plaintiff’s intestate by the defendant, tried at February Term, 1895, of Duplik Superior court, before Soke, */., and a jury. The defendant denied the allegation of negligence, and alleged that the intestate of the plaintiff was guilty of contributory negligence. On the trial P. G-. Wilson testified as follows : In morning deceased and another boy passed me going up towards railroad.
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This was a oivm actioN to recover damages for the alleged negligent killing of the plaintiff’s intestate by the defendant, tried at February Term, 1895, of Duplik Superior court, before Soke, */., and a jury. The defendant denied the allegation of negligence, and alleged that the intestate of the plaintiff was guilty of contributory negligence. On the trial P. G-. Wilson testified as follows : In morning deceased and another boy passed me going up towards railroad. They got up on culvert arch and sat down and commenced whistling — sat there half an hour and then went up higher and laid down…
1Opinion of the Court
Avery, J.:
The most important question presented by the appeal is whether the court erred in refusing to instruct the jury that if the plaintiff’s intestate deliberately laid down upon the track and either carelessly or intentionally fell asleep there, the defendant was not liable, unless the engineer actually saw that he was lyiug there in time, by the reasonable use of appliances at his command, to have stopped the train before it reached him. In the head-note to Smith v. Railroad, 114 N. C., 729, it seems that the intelligent reporter deduced from the opinion of the court the principle that…
2Cases cited18 opinions
- Deans v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Bullock v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Meredith v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
- Tillett v. Lynchburg & Durham RailroadSupreme Court of North Carolina · 1894
- Gunter v. . WickerSupreme Court of North Carolina · 1881
13 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Benton v. . CollinsSupreme Court of North Carolina · 1899
- Lloyd v. Albemarle & Raleigh R. R.Supreme Court of North Carolina · 1896
- Teakle v. San Pedro, L. A. & S. L. R.Utah Supreme Court · 1907
- Lassiter v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1903
- Arrowood v. . R. R.Supreme Court of North Carolina · 1900
41 more not listed; retrieve them via the Exa API.