Horton v. Seaboard Air Line Railroad
Supreme Court of North Carolina
Appeal by defendant from Ferguson, J., at October Term, 1912, of Wake. This is an action brought under the Federal Employers’ Liability Act to recover damages for injury to the plaintiff’s eye, caused by the explosion of a water glass on a locomotive engine. The plaintiff, at the time of the injury, had been employed by the defendant as engineer for a period of six years, and as fireman for three or four years prior to his promotion.
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Appeal by defendant from Ferguson, J., at October Term, 1912, of Wake. This is an action brought under the Federal Employers’ Liability Act to recover damages for injury to the plaintiff’s eye, caused by the explosion of a water glass on a locomotive engine. The plaintiff, at the time of the injury, had been employed by the defendant as engineer for a period of six years, and as fireman for three or four years prior to his promotion. The engine, No. 752, which plaintiff was operating, was equipped with a patented water glass, called the Buckner Water Glass, which was so constructed that a…
1DissentBRowiv, J.
The evidence in this case tended to establish the following facts:
The plaintiff, at the time of the injury, had been employed' by the defendant as engineer for a period of six years, and as fireman for three or four years prior to his promotion. It appeared from the work reports, identified by the plaintiff, that he first made a report on this engine on 28 July, after his return from a round trip requiring two days. The explosion of the water glass, of .which he complains, occurred 4 August, upon his return from the third or fourth trip to Aberdeen. At the time of the explosion plaintiff was…
2Cases cited16 opinions
- Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
- Schlemmer v. Buffalo, Rochester & Pittsburg Railway Co.Supreme Court of the United States · 1911
- Butler v. FrazeeSupreme Court of the United States · 1908
- Hicks v. . Manufacturing Co.Supreme Court of North Carolina · 1905
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