McMillan v. Atlanta & Charlotte Air Line Railway Co.
Supreme Court of North Carolina
ActioN tried before Garter, J., at April Term, 1916, of G-astoN. Plaintiff alleged that his intestate, J. W. Stout, was killed by a collision between an automobile, driven by another, in which he was riding, and a train of defendant at a crossing in East Kings Mountain on 17 August, 1914, and that his death was caused by defendant’s negligence.
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ActioN tried before Garter, J., at April Term, 1916, of G-astoN. Plaintiff alleged that his intestate, J. W. Stout, was killed by a collision between an automobile, driven by another, in which he was riding, and a train of defendant at a crossing in East Kings Mountain on 17 August, 1914, and that his death was caused by defendant’s negligence. The jury returned the following verdict: 1. Was the plaintiff’s intestate killed by the negligence of the servants and agents of the Southern Railway Company, as alleged in the complaint? Answer: “No.” 2. "What damage, if any, is plaintiff entitled to…
1Concurrence
Cr.ARK, C. T.,
concurs that the result may be in accordance with the precedents, but. deems that the reasoning therein cannot be sustained, and holds that such ruling should be changed either by the Court or by legislation. The public roads are the property of the people of the State, who are entitled to the free and safe use thereof. The operation of numerous fast moving and dangerous railroad trains crossing these public roads on the same grade is a most serious interference with the safe and free use of the public roads as the people were aforetime accustomed to use them and have a right to…
2Cases cited16 opinions
- Atlantic Coast Line Railroad v. City of GoldsboroSupreme Court of the United States · 1914
- New York & New England Railroad v. BristolSupreme Court of the United States · 1894
- Louisville & Nashville Railroad v. KentuckySupreme Court of the United States · 1896
- Western Tie & Timber Co. v. BrownSupreme Court of the United States · 1905
- Cope v. CopeSupreme Court of the United States · 1891
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