Norton v. North Carolina Railroad

Citations

• 29 S.E. 886
• 122 N.C. 910
• 1898 N.C. LEXIS 371

Syllabus

<p>Action for Damages — Railroads—Injury at Crossing— Negligence — City Ordinance Regulating Speed of Train — Obstructions to Vieio of Railroad Track — ■ Signals — Contributory Negligence — Continuing Negligence — Proximate Cause — Excessive Damages— Setting Aside Verdict — Liability of Lessor Railroad Company for Wrongful Act of Lessee.</p> <p>1. Where, in the trial of an action for damages for injuries to the plaintiff while crossing defendant’s track, it appeared by uncontra-dicted testimony, that the crossing where the accident occurred was a public street, in a populous part of the town; that plaintiff’s view of the track and approaching train was cut off by a long line of box cars; that the train approached the crossing at a speed of about twenty miles an hour without giving any signal whatever and that the municipal ordinances prohibited a greater rate of speed than eight miles per hour; Held, that such facts constituted negligence per se, in its nature gross and continuing to the moment of the accident, and the Court properly refused an instruction that, if the jury believed the evidence, the plaintiff’s injuries were not caused by the defendant’s negligence and plaintiff was guilty of contributory negligence.</p> <p>2. A city ordinance regulating the rate of speed of a railway train is presumably passed for the protection of the people and when within the scope of the city charter has the force and effect of law and a citizen has the right to expect that it will be respected and obeyed by the railroad corporation.</p> <p>3. While the fact that a train is-running at an excessive speed, beyond that allowed by a city ordinance, will not relieve a person approaching a railroad crossing from the necessity of observing ordinary care, still, if it misleads him or the defendant is deprived thereby of its last clear chance to avoid an accident, it may go to the jury, both on the issues of negligence and contributory negligence.</p> <p>4. While, in a certain sense, a