Hensley Ex Rel. Hensley v. Southern Railway Co.
Cases that cite this one
2 later published cases cite this decision.
- Faircloth Ex Rel. Faircloth v. Atlantic Coast Line Railroad (N.C. 1957)
- Flippin v. Norfolk & Western Ry. Co. (4th Cir. 1950)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
No new question of law arises on this appeal, and a careful examination of the assignments of error, brought forward by plaintiffs, fails to reveal error. The evidence offered by plaintiffs on the trial in Superior Court, as shown in the case on appeal, when tested by well settled principles of law, fails to make out a case sufficient for consideration by the jury. It may be fairly doubted that plaintiffs show any evidence of negligence on the part of defendants. But on the other hand, the evidence clearly shows the negligence on the part of the operator of the truck here involved was the sole proximate cause of the collision, and comes within the principles applied in the case of Johnson v. R. R., 214 N.C. 484, 199 S.E. 704; and Jeffries v. Powell, 221 N.C. 415, 20 S.E. 2d 561, and cases there cited, on the authority of which there is, in the judgments from which appeal is taken,
No error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.