Page v. N. C. Railroad

71 N.C. 222

• Court: Supreme Court of North Carolina
• Decided: June 5, 1874
• Status: Published

Opinion

Byutjm, J.

The counsel for the defendant very properly admitted the liability of the company for the cattle killed in the manner set forth in the case stated. He, however, excepts to the' charge of his Honor in reference to the hogs. The charge is to be construed not abstractly, but in reference to the evidence, about which there is no dispute. That evidence is that the hogs were killed at the warehouse of the defendant at Mor-risville station, being attracted upon the road track by molasses which liad dripped upon the track from the defendant’s cars, and while there were killed at various times, some by the train rushing up to and beyond the station at a very rapid rate, and others, being under the cars, by the engine suddenly starting without blowing the whistle or. giving any alarm. This unquestionably was negligence in the company and would have justified the Court in instructing the jury that if they believed the evidence they should find for the plaintiff. The Court did charge that these several acts constituted negligence. In that there is no error.

Bee Cueiam. Judgment affirmed.