Martin v. Seaboard Air Line Railway Co.
Supreme Court of North Carolina
ORDER consolidating two causes, made1 by Moore, J., at March Term, 1908, of MeckxeNburo. The plaintiff sued defendant companies for damages sus--tained by .a collision had between the engine of the railway company and the car of the Charlotte Electric Railway and Power Company at a point in the city of Charlotte at the intersection of North Brevard Street, alleging negligence in several respects.
Read the full summary
ORDER consolidating two causes, made1 by Moore, J., at March Term, 1908, of MeckxeNburo. The plaintiff sued defendant companies for damages sus--tained by .a collision had between the engine of the railway company and the car of the Charlotte Electric Railway and Power Company at a point in the city of Charlotte at the intersection of North Brevard Street, alleging negligence in several respects. Plaintiff also sued the electric and power company for damages sustained at the same time and in the same collision, alleging negligence on the part of said defendant in several respects. Among other…
1Opinion of the Court
CoNNOR., J.,
after stating the facts: While it must be conceded that a number of alleged negligent acts and omissions are made against each defendant, for which the other is in nowise responsible, the collision resulting in the injury — that is, the impact — was caused by the engine and street car coming together at the crossing. The plaintiff alleges, among other omissions of duty, the failure of the two corporations to establish and maintain rules regulating their conduct in approaching the crossing. This duty, if any existed, was joint. One party could not establish joint rules without the…
2Cases cited1 opinion
- Quarles v. . JenkinsSupreme Court of North Carolina · 1887
3Cited by1 opinion
- Peeples v. Seaboard Air Line RailroadSupreme Court of North Carolina · 1948