Carter v. Seaboard Air Line Railroad
Supreme Court of North Carolina
Appeal by plaintiff • from Peebles, J., at September Term, 1913, of Warrest. Action to recover damages for personal injuries alleged to bave been caused by defendant’s negligence, in that plaintiff alighted from a moving train under direction from the porter, and when it was not apparently dangerous to alight. The jury found, upon the issues submitted to them, that defendant was negligent and plaintiff was guilty of contributory negligence.
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Appeal by plaintiff • from Peebles, J., at September Term, 1913, of Warrest. Action to recover damages for personal injuries alleged to bave been caused by defendant’s negligence, in that plaintiff alighted from a moving train under direction from the porter, and when it was not apparently dangerous to alight. The jury found, upon the issues submitted to them, that defendant was negligent and plaintiff was guilty of contributory negligence. The court charged the jury, on the first issue, that if plaintiff went upon the train, with the knowledge of the conductor, to assist Mr. W. J. Clark in…
1Opinion of the Court
Wálkeb, J.,
after stating the case: If the judge expressed any opinion as to how long the plaintiff remained on the train, it was in the part of his charge upon the first issue, and as the jury answered that issue in favor of the plaintiff, the error, if any, was thereby cured and became harmless. This is a well settled principle, and is undoubtedly a correct one. Vickers v. Leigh, 104 N. C., 248; Graves v. Trueblood, 96 N. C., 495; Thornburg v. Mastin, 93 N. C., 258; Clark’s Code (3 Ed.), p. 771, note to. section 550, and cases; 3 Womack’s Digest, pp. *24918 and 19, where the numerous cases are…
2Cases cited23 opinions
- Hinshaw v. Raleigh & Augusta Air Line R. R.Supreme Court of North Carolina · 1896
- Vickers v. . LeighSupreme Court of North Carolina · 1889
- Johnson v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1902
- Nelson v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1878
- Jewell v. Chicago, St. Paul & Minneapolis Railway Co.Wisconsin Supreme Court · 1882
18 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. KincaidSupreme Court of North Carolina · 1922
- In re A.D.L.Court of Appeals of North Carolina · 2005
- State v. . KincaidSupreme Court of North Carolina · 1922
- Browne v. . R. R.Supreme Court of North Carolina · 1891
- State v. MillerSupreme Court of North Carolina · 1923
2 more not listed; retrieve them via the Exa API.