11 North Carolina opinions name it 2 courts 1932–2005 0 in the last five years
The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Cox v. Gallamoregreen2 sentences1994Our law places a duty upon railroads “to give to users of the highway warning, appropriate to the location and circumstances, that a railroad crossing lies ahead.” Cox v. Gallamore, 267 N.C. 537, 541 , 148 S.E.2d 616, 619 (1966); see also N.C.G.S. § 62-224 (1989). 1994Our law places a duty upon railroads “to give to users of the highway warning, appropriate to the location and circumstances, that a railroad crossing lies ahead.” Cox v. Gallamore, 267 N.C. 537, 541 , 148 S.E.2d 616, 619 (1966); see also N.C.G.S. § 62-224 (1989). | 2 | 2 |
Winters Ex Rel. Gordon v. Burchgreen2 sentences1981The opinion of our Supreme Court in Winters v. Burch, 284 N.C. 205 , 200 S.E. 2d 55 (1973) aptly and clearly states the rules which control our decision here: It has long been the rule in this State that the presence of children on or near a highway is a warning signal to a motorist, who must bear in mind that they have less capacity to shun danger than adults and are prone to act on impulse. 1981The opinion of our Supreme Court in Winters v. Burch, 284 N.C. 205 , 200 S.E. 2d 55 (1973) aptly and clearly states the rules which control our decision here: It has long been the rule in this State that the presence of children on or near a highway is a warning signal to a motorist, who must bear in mind that they have less capacity to shun danger than adults and are prone to act on impulse. | 1 | 2 |
Collins v. CSX Transportation, Inc.green2 sentences2005In North Carolina, railroad companies have a duty “ ‘to give to users of the highway warning, appropriate to the location and circumstances, that a railroad crossing lies ahead.’ ” Collins v. CSX Transportation, 114 N.C. 2005As the majority notes, “[i]n North Carolina, railroad companies have a duty ‘to give to users of the highway warning, appropriate to the location and circumstances, that a railroad crossing lies ahead.’ ” Collins v. CSX Transportation, 114 N.C. | 1 | 1 |
Brinson Ex Rel. Brinson v. Mabrygreen2 sentences1973Therefore, “the presence of children on or near the traveled portion of a highway whom a driver sees, or should see, places him under the duty to use due care to control the speed and movement of his vehicle and to keep a vigilant lookout to avoid injury.” Brinson v. Mabry, 251 N.C. 435, 438 , 111 S.E. 2d 540, 543 (1959). 1973Therefore, “the presence of children on or near the traveled portion of a highway whom a driver sees, or should see, places him under the duty to use due care to control the speed and movement of his vehicle and to keep a vigilant lookout to avoid injury.” Brinson v. Mabry, 251 N.C. 435, 438 , 111 S.E. 2d 540, 543 (1959). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Eller v. North Carolina Railroad
neutral
2 sentences1940R., 200 N. C., 527 , 157 S. E., 800 . (1) The principal charge of negligence made against the defendants is parking the truck upon the highway in violation of the provisions of section 24 of chapter 148 of Public Laws 1927, Michie’s Code of 1935, section 2621, subsection 66. 1940R., 200 N. C., 527 , 157 S. E., 800 . (1) The principal charge of negligence made against the defendants is parking the truck upon the highway in violation of the provisions of section 24 of chapter 148 of Public Laws 1927, Michie’s Code of 1935, section 2621, subsection 66. | 2 | 1940–1940 |
Collins v. CSX Transportation
green
1 sentence2005App. 14, 18 , 441 S.E.2d 150, 152 (quoting Cox v. Gallamore, 267 N.C. 537, 541 , 148 S.E.2d 616, 619 (1966)), disc. review denied, 336 N.C. 603 , 447 S.E.2d 388 (1994). | 1 | 2005–2005 |
Dellinger v. City of Charlotte
green
1 sentence2005App. 14, 18 , 441 S.E.2d 150, 152 (quoting Cox v. Gallamore, 267 N.C. 537, 541 , 148 S.E.2d 616, 619 (1966)), disc. review denied, 336 N.C. 603 , 447 S.E.2d 388 (1994). | 1 | 2005–2005 |
Miller v. . Motor Freight Corp.
green
2 sentences1963This is a correct interpretation, oí the law.” Hunnicutt v. Kimbrell, 207 N.C. 494 , 177 S.E. 323 ; Miller v. Motor Freight Corp., 218 N.C. 464 , 11 S.E. 2d 300 . 1963This is a correct interpretation, oí the law.” Hunnicutt v. Kimbrell, 207 N.C. 494 , 177 S.E. 323 ; Miller v. Motor Freight Corp., 218 N.C. 464 , 11 S.E. 2d 300 . | 1 | 1963–1963 |
Hunnicutt v. . Kimbrell
neutral
2 sentences1963This is a correct interpretation, oí the law.” Hunnicutt v. Kimbrell, 207 N.C. 494 , 177 S.E. 323 ; Miller v. Motor Freight Corp., 218 N.C. 464 , 11 S.E. 2d 300 . 1963This is a correct interpretation, oí the law.” Hunnicutt v. Kimbrell, 207 N.C. 494 , 177 S.E. 323 ; Miller v. Motor Freight Corp., 218 N.C. 464 , 11 S.E. 2d 300 . | 1 | 1963–1963 |
Greene v. Mitchell County Board of Education
green
2 sentences1961Plaintiff assigns as error that the court failed to instruct the jury in respect to the first issue of negligence as to the legal duties defendants owed plaintiff arising on the evidence given in the case. *660 Plaintiff relies on what is said in Greene v. Mitchell County Board of Education, 237 N.C. 336 , 75 S.E. 2d 129 : “We have repeatedly held that the presence of children on or near a highway is a warning signal to a motorist. 1961Plaintiff assigns as error that the court failed to instruct the jury in respect to the first issue of negligence as to the legal duties defendants owed plaintiff arising on the evidence given in the case. *660 Plaintiff relies on what is said in Greene v. Mitchell County Board of Education, 237 N.C. 336 , 75 S.E. 2d 129 : “We have repeatedly held that the presence of children on or near a highway is a warning signal to a motorist. | 1 | 1961–1961 |
Hoke v. Atlantic Greyhound Corp.
green
2 sentences1960Boyd v. Harper, 250 N.C. 334 , 108 S.E. 2d 598 ; Hoke v. Grey *796 hound Corp., 226 N.C. 692 , 40 S.E. 2d 345 . 1960Boyd v. Harper, 250 N.C. 334 , 108 S.E. 2d 598 ; Hoke v. Grey *796 hound Corp., 226 N.C. 692 , 40 S.E. 2d 345 . | 1 | 1960–1960 |
Boyd v. Harper
green
2 sentences1960Boyd v. Harper, 250 N.C. 334 , 108 S.E. 2d 598 ; Hoke v. Grey *796 hound Corp., 226 N.C. 692 , 40 S.E. 2d 345 . 1960Boyd v. Harper, 250 N.C. 334 , 108 S.E. 2d 598 ; Hoke v. Grey *796 hound Corp., 226 N.C. 692 , 40 S.E. 2d 345 . | 1 | 1960–1960 |
Linville v. . Nissen
green
2 sentences1932Dent, is not predicated solely upon the negligence of the son in driving the father’s truck on the day in question (Linville v. Nissen, 162 N. C., 95 , 77 S. E., 1096 ), but upon the alleged negligence of the father in permitting the 15-year-old son to operate his truck upon the highway in violation of law. 1932Dent, is not predicated solely upon the negligence of the son in driving the father’s truck on the day in question (Linville v. Nissen, 162 N. C., 95 , 77 S. E., 1096 ), but upon the alleged negligence of the father in permitting the 15-year-old son to operate his truck upon the highway in violation of law. | 1 | 1932–1932 |
Taylor v. . Stewart
green
2 sentences1932Taylor v. Stewart, 172 N. C., 203 , 90 S. E., 134 . 1932Taylor v. Stewart, 172 N. C., 203 , 90 S. E., 134 . | 1 | 1932–1932 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.