{
  "id": 8609391,
  "name": "J. E. BATTLE v. SOUTHERN RAILWAY COMPANY, MRS. MARGARET COLVILLE, Administratix of J. L. COLVILLE, and W. S. LACKEY",
  "name_abbreviation": "Battle v. Southern Railway Co.",
  "decision_date": "1943-09-22",
  "docket_number": "",
  "first_page": "395",
  "last_page": "396",
  "citations": [
    {
      "type": "official",
      "cite": "223 N.C. 395"
    }
  ],
  "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": "218 N. C., 642",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8623206
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/218/0642-01"
      ]
    },
    {
      "cite": "219 N. C., 273",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8622653
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/219/0273-01"
      ]
    }
  ],
  "analysis": {
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    "sha256": "77f227fd5ce8cfd4ef355626269e2903628e788e4ef88a5f36b3de672f9a870b",
    "simhash": "1:178c417ba8114e59",
    "word_count": 399
  },
  "last_updated": "2023-07-14T18:13:50.990749+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "J. E. BATTLE v. SOUTHERN RAILWAY COMPANY, MRS. MARGARET COLVILLE, Administratix of J. L. COLVILLE, and W. S. LACKEY."
    ],
    "opinions": [
      {
        "text": "PER Curiam.\nThis is an action against the Southern Eailway Company and its employees for personal injuries to the plaintiff alleged to have been caused by the negligent failure of the defendants to avail themselves of the last clear chance to avoid running a train over the plaintiff while in a helpless condition on the railroad track of the corporate defendant.\nWhen the plaintiff had introduced his evidence and rested his case the defendants moved for a judgment as in case of nonsuit (C. S., 567), which motion was allowed, and from judgment accordant therewith the plaintiff appealed, assigning errors.\nSince we are of the opinion, and so hold, that there was not sufficient evidence to be submitted to the jury of the plaintiff being down or in an apparently helpless condition on the track, so that the engineer or fireman saw, or, by the exercise of ordinary care in keeping a proper lookout, could have seen such helpless condition of the plaintiff in time to have stopped the train before striking him, there was no error in the ruling of the court, and the judgment as in case of nonsuit was properly entered. The doctrine of last clear chance does not apply in cases of this nature unless the licensee upon a railroad track is in an apparently helpless condition, since otherwise the engineer has the right to expect up to the moment of impact that he will leave the track in time to avoid injury. Justice v. R. R., 219 N. C., 273, 13 S. E. (2d), 553; Mercer v. Powell, 218 N. C., 642, 12 S. E. (2d), 227.\nTbe judgment is\nAffirmed.",
        "type": "majority",
        "author": "PER Curiam."
      }
    ],
    "attorneys": [
      "Stillwell & Stillwell and Don G. Young for plaintiff, appellant.",
      "W. T. Joyner and Jones, Ward \u25a0& Jones for defendants, appellees."
    ],
    "corrections": "",
    "head_matter": "J. E. BATTLE v. SOUTHERN RAILWAY COMPANY, MRS. MARGARET COLVILLE, Administratix of J. L. COLVILLE, and W. S. LACKEY.\n(Filed 22 September, 1943.)\nNegligence \u00a7 10\u2014\nIn an action against a railroad to recover damages for personal injuries to plaintiff, a licensee, the doctrine of last clear chance does not apply unless such licensee is apparently in a helpless condition upon the railroad track, since otherwise the engineer has the right to expect, up to the moment of impact, that he will leave the track in time to avoid the injury.\nAppeal by plaintiff from BlacTcstoch, Special Judge, at May Term, 1943, of JacksoN.\nStillwell & Stillwell and Don G. Young for plaintiff, appellant.\nW. T. Joyner and Jones, Ward \u25a0& Jones for defendants, appellees."
  },
  "file_name": "0395-01",
  "first_page_order": 447,
  "last_page_order": 448
}