Legal Opinion

Holland v. Railroad

Supreme Court of North Carolina

Decided December 20, 1904PublishedCited by 3 opinions

AotioN by M. II. Holland against the Seaboard Air Line Railway Company, heard by Judge H. B. Bryan and a jury, at May Term, 1904, of the Superior Court of Moore County. Erom a judgment for the plaintiff the defendant appealed.

1Opinion of the CourtMontgomery, J.

The plaintiff’s intestate, employed by the defendant as rear brakeman and flagman on its extra freight train No. 578 going south, was on duty when, on the *369morning of October 18, 1902, the train passed into the siding over the switch at Rockingham, there to await the passage of other trains of the defendant. He was acquainted with the rules of the company, one of which (Rule J) reads as follows: “When a train takes the side-track to be met or passed by another train, the conductor or ñagman must remain at the switch used by his train to enter the siding, and when the train is clear of the main…

2Cases cited3 opinions

  1. Hinshaw v. Raleigh & Augusta Air Line R. R.Supreme Court of North Carolina · 1896
  2. Dunn v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1900
  3. Neal v. Old North State Land Co.Supreme Court of North Carolina · 1893

3Cited by3 opinions

  1. Cole v. City of DurhamSupreme Court of North Carolina · 1918
  2. Holland v. RailroadSupreme Court of North Carolina · 1906
  3. Horton v. Seaboard Air Line RailroadSupreme Court of North Carolina · 1918

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API