Fann v. North Carolina Railroad
Supreme Court of North Carolina
Appeal from Daniels, J., at the January Term, 1911, of Guileoed. Civil action, for death of intestate caused by alleged negligence on part of defendant company, at January Term, 1911, of the Superior Court of Guilford County.
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Appeal from Daniels, J., at the January Term, 1911, of Guileoed. Civil action, for death of intestate caused by alleged negligence on part of defendant company, at January Term, 1911, of the Superior Court of Guilford County. It appeared in evidence that on or about 5 June, 1909, in the city of Greensboro, the intestate was endeavoring to cross the tracks of defendant company on Jackson street, a public crossing, and was run down and killed by a train going north at the time, being the third or fourth section of No. 36, a train hauling fruit to northern markets. There were four tracks at the…
1Opinion of the Court
IIoKE, J.,
after stating tbe case. In this day and time and under our present system, it seems to be generally conceded that tbe decrees of probate courts, when acting within tbe scope of their powers, should be considered and dealt with as orders and decrees of courts of general jurisdiction, and where jurisdiction over tbe subject-matter of inquiry has been properly acquired that these orders and decrees are not as a rule subject to collateral attack. Tbe facts very generally recognized as jurisdictional are stated, in sec. 16 of our Revisal, to be that there must be a decedent; that be died…
2Cited by8 opinions
- Coleman v. . R. R.Supreme Court of North Carolina · 1910
- In Re Vilas' EstateOregon Supreme Court · 1941
- Hall v. . R. R.Supreme Court of North Carolina · 1907
- Wolfe v. . R. R.Supreme Court of North Carolina · 1911
- Davidson v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1915
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