Coburn v. Atlantic Coast Line Railroad

Supreme Court of North Carolina

Coburn v. Atlantic Coast Line Railroad

44 S.E.2d 200, 227 N.C. 695, 1947 N.C. LEXIS 515

DecidedSeptember 24, 1947

StatusPublished

This text of 44 S.E.2d 200 (Coburn v. Atlantic Coast Line Railroad) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Coburn v. Atlantic Coast Line Railroad, 44 S.E.2d 200, 227 N.C. 695, 1947 N.C. LEXIS 515 (N.C. 1947).

Pincite

Opinion

Per Curiam.

Tbe benefit of tbe provisions of tbe statute, G. S., 60-81, making tbe killing of cattle and other livestock by tbe engine or cars running upon any railroad prima facie evidence of negligence on tbe part of tbe railroad company in any action for damages against such company is unavailable to plaintiff, since tbe statute further provides that no person shall be allowed tbe benefit of its provisions unless be shall bring bis action within six months after bis cause of action shall have accrued. Plaintiff concedes this. This being so, tbe evidence offered on tbe trial of this action taken in light most favorable to plaintiff fails to make out a case of actionable negligence. Hence, tbe judgment below is

Affirmed.

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Per Curiam.

Tbe benefit of tbe provisions of tbe statute, G. S., 60-81, making tbe killing of cattle and other livestock by tbe engine or cars running upon any railroad prima facie evidence of negligence on tbe part of tbe railroad company in any action for damages against such company is unavailable to plaintiff, since tbe statute further provides that no person shall be allowed tbe benefit of its provisions unless be shall bring bis action within six months after bis cause of action shall have accrued. Plaintiff concedes this. This being so, tbe evidence offered on tbe trial of this action taken in light most favorable to plaintiff fails to make out a case of actionable negligence. Hence, tbe judgment below is

Affirmed.

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Bluebook (online)

44 S.E.2d 200, 227 N.C. 695, 1947 N.C. LEXIS 515, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coburn-v-atlantic-coast-line-railroad-nc-1947.