Supreme Court of North Carolina, 1947

Coburn v. Atlantic Coast Line Railroad

Coburn v. Atlantic Coast Line Railroad
Supreme Court of North Carolina · Decided September 24, 1947 · PER CURIAM.
44 S.E.2d 200; 227 N.C. 695; 1947 N.C. LEXIS 515 (South Eastern Reporter, Second Series)

Coburn v. Atlantic Coast Line Railroad

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.