Norfolk Southern Railroad v. Ferebee
Supreme Court of the United States
ERROR TO THE SUPREME COURT OP THE STATE OP NORTH CAROLINA. The facts, which involve the construction and application of the Federal Employers’ Liability Act and the validity of a verdict and judgment in an action thereunder against the carrier, are stated in the opinion. It was competent for defendant to show violation of its rules by plaintiff at the time of his injury.
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ERROR TO THE SUPREME COURT OP THE STATE OP NORTH CAROLINA. The facts, which involve the construction and application of the Federal Employers’ Liability Act and the validity of a verdict and judgment in an action thereunder against the carrier, are stated in the opinion. It was competent for defendant to show violation of its rules by plaintiff at the time of his injury. The Supreme Court of North Carolina committed error in confining the trial to the single issue of damages. American R. R. v. DidricJcsen, 227 U. S. 145; Grand Trunk Ry. v. Lindsay, 230 U. S. 42; Gulf &c. Ry. v. McGinnis, 228…
1Opinion of the CourtJustice Lamar
Ferebee was employed by the Norfolk Southern Railroad Company as a trainhand on a passenger train running from Raleigh, North Carolina, to Norfolk, Virginia. During the night, at some place on the journey the steps to the platform of one of the cars.were tom away by coming in contact with some unknown obstruction. The consequence was that when Ferebee attempted to alight at a station, he stepped from the platform to the ground and received personal injuries for which he brought suit in the Superior Court of Wake County, North Carolina, under the Federal Employers’ Liability Act (35 Stat. 65).…
2Cases cited2 opinions
- Kennon v. GilmerSupreme Court of the United States · 1889
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