Seawell v. Raleigh & Augusta Railroad

Citations

• 106 N.C. 272

Syllabus

<p>Negligence — Killing Live Stock — Presumption—Judge’s Charge.</p> <p>1. Where an engineer was behind time and running, in the night-time, faster than schedule time, but within the limit allowed, killed the plaintiff’s live stock, and his engine being provided with all the usual modern appliances, he could not have stopped it in time to prevent the filling: Held not to be negligence.</p> <p>2. Where, in such case, the Court below told the jury that if the train, running faster than schedule time, could not be stopped within the distance the object was discovered, it was negligence: Held to be error.</p>