Mason v. Richmond & Danville Railroad
Supreme Court of North Carolina
This was AN action brought by plaintiff against the defendant for damages, as is alleged in the complaint, for personal injuries done him while in the employment of defendant as a brakeman, and heard before Boykin, J., at February Term, 1891, of Guilford Superior Court.
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This was AN action brought by plaintiff against the defendant for damages, as is alleged in the complaint, for personal injuries done him while in the employment of defendant as a brakeman, and heard before Boykin, J., at February Term, 1891, of Guilford Superior Court. The plaintiff introduced himself first in his own behalf, and testified as follows, to-wit: In the month of December, 1889, he was in the employment of the defendant company as a brakeman, and had been in their employment as such for about twelve months; that his route was from Greensboro to Raleigh, going to Raleigh one night…
1Opinion of the Court
SHEPHERD, C. J., concurring; BURWELL, J., dissenting. The court below held that, upon the whole evidence, (487) the plaintiff had failed to make out a prima facie case. The burden was upon the servant suing his employers to show, (1) that the machinery was defective; (2) that the defects were the proximate cause of the injury; (3) that the master had knowledge, or might, by the exercise of ordinary care, have had knowledge, of such defects. Hudson v. R. R.,104 N.C. 491. The question presented by the appeal, therefore, is whether, in any aspect of the evidence, the plaintiff has relieved…
2Cases cited24 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
- Chicago & Alton Railroad v. MayIllinois Supreme Court · 1883
- Dowling v. Gerard B. Allen & Co.Supreme Court of Missouri · 1881
- Clark v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1891
- Augusta Factory v. BarnesSupreme Court of Georgia · 1884
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3Cited by46 opinions
- Jewell v. Kansas City Bolt & Nut Co.Supreme Court of Missouri · 1910
- Russell v. Town of MonroeSupreme Court of North Carolina · 1895
- Hinnant v. Tidewater Power Co.Supreme Court of North Carolina · 1924
- Witsell v. . R. R.Supreme Court of North Carolina · 1897
- Greenlee v. . R. R.Supreme Court of North Carolina · 1898
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