Matthews v. Atl. & N. C. R. Co

• Decision Date: 11 November 1895
• Citation: 23 S.E. 177,117 N.C. 640
• Court: North Carolina Supreme Court
• Parties: MATTHEWS v. ATLANTIC & N. C. R. CO.

23 S.E. 177

117 N.C. 640

MATTHEWS

v.ATLANTIC & N. C. R. CO.

Supreme Court of North Carolina.

Nov. 11, 1895.

Railkoad Companies—Injury to Person on me Track—Negligence and Contributory Neoligence.

1. Where one is walking on a footpath at the end of the cross-ties along a railroad track, in the daytime, the engineer of a train going in the same direction may reasonably assume that such person will either stay there, or step further from the track, when he sees the train.

2. Where one is walking on a footpath at the end of the cross-ties along the main track of a railroad, in the daytime, and on the approach of a train going in the same direction, because of his confusion, or for some other reason, moves towards the track and is struck by the engine, he is guilty of such negligence as precludes a recovery.

Appeal from superior court, Lenoir county; Hoke, Judge.

Action by William Matthews against the Atlantic & North Carolina Railroad Company for personal injuries caused by defendant's negligence. From a judgment of nonsuit, plaintiff appeals. Affirmed.

N. J. Rouse, for appellant.

P. M. Pearsall and W. W. Clark, for appellee.

FAIRCLOTH, C. J. It is not necessary to enter into a general discussion of the duties and liabilities of a railroad when running its train. The question in this case depends upon the testimony of the plaintiff, as the court held that upon all of his evidence he could not recover, and the case was not submitted to the jury. The plaintiff tes-tified: "I am 22 years old. Before the Injury I was healthy and strong. I lost my arm near Caswell on defendant road. Was between two culverts, three and a half miles this side of Dover. Was hurt by the connecting rod of the engine; was coming towards Goldsboro, and was on right-hand side coming this way, walking in a side track near the track, and the train was on me before I knew it. I was so alarmed or blinded, instead of turning away from the train I turned towards it. The train did not blow, and was on me before I knew anything about it. Before I knew anything I was struck. I had been taking quinine and was deaf that day. The first person who came to me was Mr. Hawkins. Drs. Wood-ley and Hyatt were called in. They amputated my arm. I was confined two months, and suffered much, —like to have died. I was between two crossings; was as far from front crossing as from here to front door of building. The road at that point was straight and level. I could not hear well. The wind was blowing hard that...