Beck v. Southern Ry. Co.
| Citation | 62 S.E. 883,149 N.C. 168 |
| Parties | BECK v. SOUTHERN RY. CO. |
| Decision Date | 19 November 1908 |
| Court | United States State Supreme Court of North Carolina |
Appeal from Superior Court, Rowan County; Councill, Judge.
Action by H. H. Beck, administrator, against the Southern Railway Company to recover for the death of plaintiff's intestate, caused by the movement of cars on defendant's track while the intestate, an employé of defendant, was attempting to pass between them. Judgment for plaintiff, and defendant appeals. Reversed.
See, also, 146 N.C. 455, 59 S.E. 1015.
It is contributory negligence on the part of an employee in crossing defendant's railroad yards to climb between two cars chained together on a track, when, by walking from 70 to 90 feet, he could have walked around the train in which these two cars were.
Linn & Linn, for appellant.
R. Lee Wright and P. S. Carlton, for appellee.
When this case was before this court at the last term the judgment of nonsuit was set aside, and a new trial was ordered. On this second trial the evidence relating to the conduct of the intestate as bearing upon the issue of contributory negligence is much clearer and stronger. It now appears, not only from the evidence offered by the defendant, but also plainly from the evidence of the plaintiff that the deceased by walking from 70 to 90 feet could easily have walked around the train of cars, and that he had a perfectly safe way to reach his home instead of climbing between the two cars chained together on the live track in constant use.
Upon all the evidence as presented on the second trial, we are of opinion that the deceased was guilty of contributory negligence, and that the motion to nonsuit should have been granted. It is so ordered.
Reversed.
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