{
  "id": 8630169,
  "name": "CORA LEE TAYLOR, Administratrix of the Estate of J. H. TAYLOR, Deceased, v. ATLANTIC COAST LINE RAILROAD COMPANY",
  "name_abbreviation": "Taylor v. Atlantic Coast Line Railroad",
  "decision_date": "1938-05-25",
  "docket_number": "",
  "first_page": "671",
  "last_page": "672",
  "citations": [
    {
      "type": "official",
      "cite": "213 N.C. 671"
    }
  ],
  "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": "196 N. C., 84",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8624415
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/196/0084-01"
      ]
    }
  ],
  "analysis": {
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    "char_count": 2746,
    "ocr_confidence": 0.494,
    "pagerank": {
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    "sha256": "b32b547bd1f9ce33e649752ea80d36deaa06f90abc58756e915ff9e37af44183",
    "simhash": "1:c02154c53a0592cb",
    "word_count": 459
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  "last_updated": "2023-07-14T20:08:52.368812+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Seawell, J., took no part in tbe consideration or decision of tbis case."
    ],
    "parties": [
      "CORA LEE TAYLOR, Administratrix of the Estate of J. H. TAYLOR, Deceased, v. ATLANTIC COAST LINE RAILROAD COMPANY."
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nTbe present case comes witbin tbe rule laid down in Batchelor v. R. R., 196 N. C., 84, relied on by defendant.\nTbe judgment of tbe court below is\nAffirmed.\nSeawell, J., took no part in tbe consideration or decision of tbis case.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "B. H. Thomas and Battle & Winslow for plaintiff.",
      "F. S. Spruill, Gilliam & Bond, Thos. W. Davis, and V. E. Phelps for defendant."
    ],
    "corrections": "",
    "head_matter": "CORA LEE TAYLOR, Administratrix of the Estate of J. H. TAYLOR, Deceased, v. ATLANTIC COAST LINE RAILROAD COMPANY.\n(Filed 25 May, 1938.)\nRailroads \u00a7 9 \u2014 Evidence held insufficient to establish doctrine of last clear chance in failure of defendant to stop train before serious injury.\nIntestate was thrown upon the \u201ccow-catcher\u201d of defendant\u2019s engine after it had struck intestate\u2019s car. Plaintiff sought recovery upon the contention that defendant was negligent in failing to stop the train before intestate had been hurled therefrom to his death, and that the facts established that defendant had the last clear chance to avoid the serious injury and death of intestate. Judgment as of nonsuit is affirmed on appeal upon authority of Batchelor v. R. R., 196 N. 0., 84.\nSeaweix, J., took no part in the consideration or decision of this case.\nAppeal by plaintiff from Bone, J., at November Term, 1937, of Edgecombe. Affirmed.\nThis is an action for actionable negligence \u2014 death by wrongful act- \u2014 \u25a0 brought by plaintiff against defendant for killing plaintiff\u2019s intestate at a railroad crossing in Rocky Mount, N. C., on 19 November, 1935, at 7:15 a.m. N. 0. Code, 1935 (Michie), section 160.\nIn the plaintiff\u2019s amended complaint it is alleged as negligence of defendant that it failed \u201c(d) To keep a proper lookout so as to be aware that the plaintiff\u2019s intestate had been hit by defendant\u2019s engine and was precariously hung upon the \u2018cow-catcher\u2019 of said engine; and (e) to stop its locomotive after having struck the car of the plaintiff\u2019s intestate and before the defendant had hurled the plaintiff\u2019s intestate to his death, the said defendant having brought about the death of the plaintiff\u2019s intestate by its wrongful conduct and having under all the facts the last clear chance to avoid the serious injury and death of said intestate.\u201d\nThe defendant denied the material allegations of the complaint and set up the plea of contributory negligence. The defendant admitted the municipal ordinance of Rocky Mount as to the speed limit.\nThe plaintiff contends that there was at least evidence to be submitted to the jury on the last clear chance doctrine. The court below, at the close of plaintiff\u2019s evidence, on motion of defendant, sustained a motion for judgment as in case of nonsuit. C. S., 567. The plaintiff excepted, assigned error and appealed to the Supreme Court.\nB. H. Thomas and Battle & Winslow for plaintiff.\nF. S. Spruill, Gilliam & Bond, Thos. W. Davis, and V. E. Phelps for defendant."
  },
  "file_name": "0671-01",
  "first_page_order": 735,
  "last_page_order": 736
}