Westmoreland v. SOUTHERN RAILWAY COMPANY
Cases that cite this one
4 later published cases cite this decision.
- Currence v. Hardin (N.C. 1978)
- State v. Bailey (N.C. Ct. App. 1971)
- Eubanks v. Eubanks (N.C. 1968)
- State v. Peeden (N.C. 1960)
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
The court sustained the objections to two questions whether a fire will start along a railroad track (1) by reason of defective brakes and (2) by reason of friction between the wheels and the track. The plaintiff assigns the above as error No. 1. Failure to show what the witness would have answered renders the ruling nonprejudicial. Other objections need not be discussed.
The other seven assignments of error relate to the charge. Careful examination fails to show error in any of the particulars assigned.
The critical issue was one of fact which the jury answered against the plaintiff upon whom the law placed the burden of proof.
No error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.