{
  "id": 8629395,
  "name": "G. T. HAYNIE, Administrator of the Estate of GEORGE HAYNIE, v. SOUTHERN RAILWAY COMPANY",
  "name_abbreviation": "Haynie v. Southern Railway Co.",
  "decision_date": "1934-02-28",
  "docket_number": "",
  "first_page": "203",
  "last_page": "205",
  "citations": [
    {
      "type": "official",
      "cite": "206 N.C. 203"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "202 N. C., 52",
      "category": "reporters:state",
      "reporter": "N.C.",
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        8623353
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    {
      "cite": "108 N. C., 616",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8651437
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      "opinion_index": 0,
      "case_paths": [
        "/nc/108/0616-01"
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    {
      "cite": "150 N. C., 562",
      "category": "reporters:state",
      "reporter": "N.C.",
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      "case_paths": [
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    {
      "cite": "170 N. C., 48",
      "category": "reporters:state",
      "reporter": "N.C.",
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        8657029
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      "case_paths": [
        "/nc/170/0048-01"
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    {
      "cite": "202 N. C., 52",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8623353
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  "analysis": {
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  "last_updated": "2023-07-14T19:27:02.537957+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "G. T. HAYNIE, Administrator of the Estate of GEORGE HAYNIE, v. SOUTHERN RAILWAY COMPANY."
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nThe judgment of nonsuit is sustained by the following authorities: Tart v. R. R., 202 N. C., 52; Foard v. Power Co., 170 N. C., 48; Baker v. R. R., 150 N. C., 562; Meredith v. R. R., 108 N. C., 616.\nAffirmed.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "George F. Meadows and Charles E. Jones for plaintiff.'",
      "R. C. Kelly and Jones & Ward for defendant."
    ],
    "corrections": "",
    "head_matter": "G. T. HAYNIE, Administrator of the Estate of GEORGE HAYNIE, v. SOUTHERN RAILWAY COMPANY.\n(Filed 28 February, 1934.)\nRailroads D c \u2014 Evidence of contributory negligence of plaintiff\u2019s intestate held to bar recovery as a matter of law.\nJudgment of nonsuit entered in an action by an administrator of a 13-year-old boy of normal intelligence to recover for tbe boy's death, resulting from an injury received when tbe boy fell between moving ears of a freight train on which he was riding, is affirmed on authority of Tart v. R. R., 202 N. C., 52.\nAppeal by plaintiff from McElroy, J., at September Term, 1933, of MadisoN.\nAffirmed.\nTbis is an action to recover damages for tbe death of plaintiff\u2019s intestate alleged to have been caused by tbe negligence of tbe defendant.\nTbe plaintiff offered evidence tending to show tbat he is tbe father of George Haynie, who was living with plaintiff in, or near Marshall, in Madison County, N. O., at tbe time be sustained tbe injuries which occasioned bis death, and tbat these injuries were tbe proximate cause of bis death, which occurred in an Asheville hospital on tbe day following tbe injuries aforesaid; tbat plaintiff\u2019s intestate slept at tbe home of plaintiff, and got bis meals there; plaintiff testified tbat his son, tbe intestate, was thirteen years and four months old at the time of bis death, though the school records show he was fourteen years and four months old; that plaintiff\u2019s intestate was a smart, bright boy, had completed the sixth grade in school, and was going into the seventh grade when school opened again; that said boy knew the difference between right and wrong, and that said George Haynie was riding on one of defendant\u2019s freight trains, contrary to his father\u2019s instructions, and without plaintiff\u2019s consent, and unlawfully, and without the knowledge or consent of the defendant, when he sustained the injuries which terminated his life.\nThat when injured, George Haynie, had fallen between the freight ears on defendant\u2019s freight train, traveling towards Asheville, from Marshall, and within sight of his father\u2019s home, on a hill near defendant\u2019s railroad track; that he apparently fell while climbing over a coal car partially filled with chat, in which he had been riding, and as if he were attempting to grasp the ladder on a box car immediately in front of the moving coal car.\nThat when he fell, one arm and leg fell across the track in such a manner that the defendant\u2019s freight train passed over them and crushed them between the wheels and the rail. That this injury occurred about midday, while said train was running between twelve and eighteen miles an hour on 11 May, 1932, and that a number of hoboes were riding-on defendant\u2019s freight train at the time.\nThat defendant\u2019s freight trains, running through the town of Marshall and Madison County, were frequently used by hoboes as a means of transportation, and plaintiff had whipped his son, the intestate, for riding on defendant\u2019s freight trains.\nThat on the morning of 11 May, 1932, the day plaintiff\u2019s intestate was mortally injured, plaintiff had been informed that his son, George Haynie, was seen at Sandy Bottoms, a place about ten miles west of Marshall, on one of defendant\u2019s freight trains, which was going in a direction away from Marshall. That in consequence of this information plaintiff approached one of defendant\u2019s freight trains which had passed through Sandy Bottoms on its way to Asheville, and which had stopped in the town of Marshall, at defendant\u2019s water tank, to take water, and that the plaintiff accosted the conductor of said freight train, and told him he was looking for a boy on his freight train, and wanted to get his boy from said train; that he asked the conductor to put him off the freight train, whereupon the conductor replied that he had no time to fool with hoboes, and walked on towards the engine. Plaintiff remained where he was until the train left, and then returned into his restaurant.\nThat within about fifteen minutes after plaintiff\u2019s demand on the conductor, of defendant\u2019s freight train, plaintiff\u2019s intestate was mortally injured while riding on this train.\nAt the close of the evidence the court dismissed the action as in case of nonsuit. The plaintiff excepted and appealed.\nGeorge F. Meadows and Charles E. Jones for plaintiff.'\nR. C. Kelly and Jones & Ward for defendant."
  },
  "file_name": "0203-01",
  "first_page_order": 265,
  "last_page_order": 267
}