McGhee v. Norfolk & Southern Railway Co.
Supreme Court of North Carolina
ActioN tried before Lyon, J., from Graved, November Term, 1907. This action was heard upon the complaint and demurrer. Plaintiff alleged: 1. That the defendant Norfolk and Southern Railway Company is organized and existing according to law, and that at all times herein mentioned it was engaged in operating railroads in said State and elsewhere. 2. That defendant J. G. White & Co. is a foreign corporation and at all times herein mentioned was engaged in constructing a…
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ActioN tried before Lyon, J., from Graved, November Term, 1907. This action was heard upon the complaint and demurrer. Plaintiff alleged: 1. That the defendant Norfolk and Southern Railway Company is organized and existing according to law, and that at all times herein mentioned it was engaged in operating railroads in said State and elsewhere. 2. That defendant J. G. White & Co. is a foreign corporation and at all times herein mentioned was engaged in constructing a railroad for the defendant Norfolk and Southern Railway Company from New Bern to Washington, North Carolina, as plaintiff is…
1DissentClark, C.J.
HOKE, J., concurring in the dissenting opinion. After stating the facts: Taking the averments in the complaint to be true, as admitted by the demurrer, two questions are presented:
1. Was there a breach of duty to the plaintiff on the part of the defendants
2. Was it the proximate cause of the injury?
It is said that the demurrer admits negligence. The demurrer admits the facts set out, with such inferences to be drawn from them as are most favorable to plaintiff. The law prescribes the measure of duty which defendants owe to plaintiff upon the facts and the inferences to be drawn from them. A…
2Cases cited17 opinions
- Haynes v. Kaleigh Gas Co.Supreme Court of North Carolina · 1894
- Woolf v. ChalkerSupreme Court of Connecticut · 1862
- Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Leathers v. Blackwell Durham Tobacco Co.Supreme Court of North Carolina · 1907
- Ramsbottom v. RailroadSupreme Court of North Carolina · 1905
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3Cited by26 opinions
- McNair v. BoyetteSupreme Court of North Carolina · 1972
- United States v. Daniel Reid and Theodore E. Thomas, Jr.Court of Appeals for the Second Circuit · 1975
- Briscoe v. Henderson Lighting & Power Co.Supreme Court of North Carolina · 1908
- Lyshak v. City of DetroitMichigan Supreme Court · 1957
- Brittingham v. . StadiemSupreme Court of North Carolina · 1909
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