{
  "id": 8601640,
  "name": "J. K. JONES, Administrator, v. SOUTHERN RAILWAY COMPANY",
  "name_abbreviation": "Jones v. Southern Railway Co.",
  "decision_date": "1940-02-28",
  "docket_number": "",
  "first_page": "170",
  "last_page": "171",
  "citations": [
    {
      "type": "official",
      "cite": "217 N.C. 170"
    }
  ],
  "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": "146 S. E., 83",
      "category": "reporters:state_regional",
      "reporter": "S.E.",
      "opinion_index": 0
    },
    {
      "cite": "196 N. C., 466",
      "category": "reporters:state",
      "reporter": "N.C.",
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        "/nc/196/0466-01"
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    {
      "cite": "75 S. E., 1092",
      "category": "reporters:state_regional",
      "reporter": "S.E.",
      "opinion_index": 0
    },
    {
      "cite": "159 N. C., 581",
      "category": "reporters:state",
      "reporter": "N.C.",
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      "opinion_index": 0,
      "case_paths": [
        "/nc/159/0581-01"
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    {
      "cite": "191 S. E., 39",
      "category": "reporters:state_regional",
      "reporter": "S.E.",
      "opinion_index": 0
    },
    {
      "cite": "211 N. C., 499",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8627784
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/211/0499-01"
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  "analysis": {
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  "last_updated": "2023-07-14T22:38:29.672243+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "J. K. JONES, Administrator, v. SOUTHERN RAILWAY COMPANY."
    ],
    "opinions": [
      {
        "text": "Stacy, C. J.\nThe defendant insisted with quite good fortune in the court below that the case sub judice is controlled by the decision in Lemings v. R. R., 211 N. C., 499, 191 S. E., 39, where a nonsuit was sustained when a drunken pedestrian was killed by a moving train while he was sitting on a crosstie, with his elbows on his knees, and with his head between his hands. \u00a5e think the two cases are sufficiently different to lead to opposite results so far as the motions to nonsuit are concerned. Here, there is evidence permitting the inference that plaintiff\u2019s intestate and his companion were down on the track apparently in a helpless condition, while in the Lemings case, supra, no such evidence appeared.\nThe instant ease falls within the line of decisions of which Henderson v. R. R., 159 N. C., 581, 75 S. E., 1092, and Jenkins v. R. R., 196 N. C., 466, 146 S. E., 83, may be cited as fairly illustrative. In Cummings v. R. R., ante, 127, the pertinent authorities are reviewed and the principles of liability and nonliability in such cases clearly stated. What was there said is applicable here. To reiterate the substance of that opinion would only be to plow again the field which has been so recently furrowed with accuracy and precision.\nOn the record as presented, there was error in withholding the case from the jury\nReversed.",
        "type": "majority",
        "author": "Stacy, C. J."
      }
    ],
    "attorneys": [
      "Stillwell & Stillwell for plaintiff, appellant.",
      "W. T. Joyner and Jones, Ward & Jones for defendant, appellee."
    ],
    "corrections": "",
    "head_matter": "J. K. JONES, Administrator, v. SOUTHERN RAILWAY COMPANY.\n(Filed 28 February, 1940.)\nRailroads \u00a7 10 \u2014 Evidence held to require submission of case to jury under doctrine of last clear chance.\nEvidence that intestate had been drinking, that he and his companion were seen down between the rails of defendant\u2019s track, doubled up and in an apparently helpless condition, and that they were struck by defendant\u2019s train approaching along the track which was straight and unobstructed for a distance of seven hundred feet, is held sufficient to be submitted to the jury, and judgment of nonsuit is improperly entered.\nAppeal by plaintiff from Cowper, Special Judge, at October Term, 1939, of JacicsoN.\nCivil action to recover damages for death of plaintiff\u2019s intestate alleged to have been caused by the wrongful act, neglect or default of the defendant.\nPlaintiff\u2019s intestate was killed on the afternoon of 19 June, 1938, about 2 :00 p.m., when he was struck by defendant\u2019s eastbound freight train, running between Dillsboro and Barker\u2019s Creek in Jackson County. The train was composed of two engines and a caboose. In railroad parlance it was \u201cdead-heading,\u201d i.e., running on return trip with only engines and caboose.\nIt is in evidence that just prior to the injury plaintiff\u2019s intestate and one Arthur Roland were seen on defendant\u2019s track \u201cdoubled up between the two rails . . . kind of wadded up . . . they were both down, and the one that had on the coat (plaintiff\u2019s intestate) was nearly piled up in a wad.\u201d They were both drinking and \u201cthey looked like they were helpless.\u201d It is further in evidence that they could be seen from the west for a distance of 700 feet. \u201cThere was no obstruction between where those men were down to this point 700 feet west.\u201d They were both run over and killed.\nFrom judgment of nonsuit entered at the close of plaintiff\u2019s evidence, he appeals, assigning errors.\nStillwell & Stillwell for plaintiff, appellant.\nW. T. Joyner and Jones, Ward & Jones for defendant, appellee."
  },
  "file_name": "0170-01",
  "first_page_order": 236,
  "last_page_order": 237
}