Addison v. Norfolk Southern Railroad, 190 N.C. 849 (1925)

Sept. 16, 1925 · Supreme Court of North Carolina

190 N.C. 849

E. W. ADDISON v. NORFOLK SOUTHERN RAILROAD COMPANY.

(Filed 16 September, 1925.)

Appeal by defendant from Crammer, J., at April Term, 1925, of Cuerituck.

Civil action to recover damages for an alleged negligent injury and killing of plaintiff’s livestock and turkeys by defendant’s engines and cars.

From a verdict and judgment in favor of plaintiff, tbe defendant appeals, assigning errors.

W. L. Small for plaintiff. ■

Thompson & Wilson for defendant.

Pee Cueiam.

Tbe controversy on trial narrowed itself to issues of fact, which tbe jury alone could determine. A careful perusal of tbe record leaves us with tbe impression that tbe case has been beard and determined substantially in agreement with tbe law bearing on tbe subject, and that tbe validity of tbe trial should be sustained. All matters in dispute have been settled by tbe verdict, and no action or ruling on tbe part of tbe trial court has been discovered by us which we apprehend should be held for reversible error.

His Honor properly ruled that tbe expression “any cattle or other livestock,” as used in C. S., 3482, was not applicable to turkeys or other fowls. James v. R. R., 166 N. C., 572.

Tbe verdict and judgment will be upheld.

No error.