Stout v. . R. R.

Supreme Court of North Carolina

Stout v. . R. R.

80 S.E. 1118, 164 N.C. 384, 1913 N.C. LEXIS 71

CourtSupreme Court of North Carolina

DecidedDecember 10, 1913

StatusPublished

Cited by1 cases

This text of 80 S.E. 1118 (Stout v. . R. R.) 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

Stout v. . R. R., 80 S.E. 1118, 164 N.C. 384, 1913 N.C. LEXIS 71 (N.C. 1913).

Pincite

Opinion

This is an action to recover damages for the alleged negligent killing of the plaintiff's intestate. The evidence offered upon the part of the *Page 308 plaintiff tends to prove that on 17 October, 1910, the plaintiff's intestate, at about sundown, was seen sitting on a cross-tie on the south side of the railroad track, with his elbows on his knees and head bent down.

There was also evidence that the train, while approaching the (385) deceased, blew the alarm signals several times when about 150 or 200 feet distant.

There was judgment of nonsuit, and the plaintiff excepted and appealed. This case falls within the principles laid down in Holder v. R. R.,160 N.C. 6, and the cases there cited, and upon these authorities the judgment of nonsuit is

Affirmed.

Cited: Tyson v. R. R., 167 N.C. 218.

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