Hayes v. Railroad
Supreme Court of North Carolina
AotioN by Glenn Hayes, by his next friend, against Southern Railway Go., heard by Judge Chas. M. Coohe and a jury, at the January Special Term, 1905, of the Superior Court of GuilNokd. This was an action to recover damages for forcible ejection from the defendant’s train. The court submitted the following issues: 1. Was the plaintiff injured by the negligence of the defendant ? Ans.
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AotioN by Glenn Hayes, by his next friend, against Southern Railway Go., heard by Judge Chas. M. Coohe and a jury, at the January Special Term, 1905, of the Superior Court of GuilNokd. This was an action to recover damages for forcible ejection from the defendant’s train. The court submitted the following issues: 1. Was the plaintiff injured by the negligence of the defendant ? Ans. Yes. 2. Was the plaintiff injured by the defendant company negligently, wantonly, and forcibly ejecting him from its moving train, as alleged in the complaint? Ans. Yes. 3. What damage is the plaintiff entitled to…
1Opinion of the CourtBrown, J.
1. The second issue was unnecessary. The entire case could have been presented under the first and third issues, or in view of the evidence, it could have been better presented under the second and third issues without the first. But it is not reversible error to have submitted all three.
2. The evidence is somewhat conflicting, but plaintiff’s evidence tended to prove that plaintiff, a seventeen-year-old boy, boarded a mixed freight and passenger train at Greensboro for the purpose of riding to Summerfield. That he and the brakeman sat down on top of a box car side by side and rode a couple…
2Cases cited10 opinions
- Rounds v. . Del., Lack. West. R.R. Co.New York Court of Appeals · 1876
- Higgins v. Watervliet Turnpike & RailroadNew York Court of Appeals · 1871
- Chicago & Eastern Railroad v. FlexmanIllinois Supreme Court · 1882
- Brewster v. Elizabeth City.Supreme Court of North Carolina · 1905
- Knowles v. Norfolk Southern RailroadSupreme Court of North Carolina · 1889
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3Cited by25 opinions
- Shipp Ex Rel. Shipp v. United Stage Lines, Inc.Supreme Court of North Carolina · 1926
- Baker v. WinslowSupreme Court of North Carolina · 1922
- Baker v. . WinslowSupreme Court of North Carolina · 1922
- Cottle v. . JohnsonSupreme Court of North Carolina · 1920
- Anderson v. International Harvester Co. of AmericaSupreme Court of Minnesota · 1908
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