Supreme Court of North Carolina, 1906

Allen v. Railroad

Allen v. Railroad
Supreme Court of North Carolina · Decided May 16, 1906 · PER CURIAM:
53 S.E. 866; 141 N.C. 340; 1906 N.C. LEXIS 108 (South Eastern Reporter)

Allen v. Railroad

Opinion of the Court

Per Curiam:

The plaintiff’s evidence was to the effect that the intestate walked on the railroad crossing and was killed by the defendant’s train, and that the intestate at a point 20 yards from the crossing, by simply looking, could have seen down the railroad 200 yards in the direction from which the train approached. The testimony of the plaintiff further showed that the intestate did not look, listen or turn her head, and was paying no attention to the train. On this testimony, the court was clearly correct in giving an adverse intimation as to the plaintiff’s right to recover.

No Error.

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