Cogdell v. Southern Railway Co.
Supreme Court of North Carolina
ActioN by Cbas. D. Cogdell against tbe Southern Railway Company,, beard by Judge Frederick Moore and a jury, at May Term, 1901, of tbe Superior Court of Cumbeeland County. Tbis is an action for damages for personal injuries to tbe plaintiff, caused by tbe alleged negligence of tbe defendant.
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ActioN by Cbas. D. Cogdell against tbe Southern Railway Company,, beard by Judge Frederick Moore and a jury, at May Term, 1901, of tbe Superior Court of Cumbeeland County. Tbis is an action for damages for personal injuries to tbe plaintiff, caused by tbe alleged negligence of tbe defendant. Tbe material allegations of tbe complaint are as follow's: “2. That tbe plaintiff was, at tbe date hereinafter mentioned, and for some time previous thereto, an employee of tbe said defendant corporation, in tbe capacity of a fireman on one of tbe said defendant’s engines, then operating at Winston-Salem,…
1Opinion of the Court
Douglas, J.,
after stating the facts. In view of the act of February 23, 1897 (Private Laws, Chap. 56), the Court properly refused to submit the third issue tendered by defendant. This point has been so fully considered in the cases Coley v. Railroad and Thomas v. Railroad, both at this term, that further discussion seems unnecessary. It may now be considered settled that the said act deprives all railroad companies operating in this State of the defense of assumption of risk, whether resting in contract, express or implied, and whether treated directly or under the doctrine of fellow servant.…
2Cases cited6 opinions
- Hinshaw v. Raleigh & Augusta Air Line R. R.Supreme Court of North Carolina · 1896
- Cable v. Southern Railway Co.Supreme Court of North Carolina · 1898
- Anniston National Bank v. School Committee of DurhamSupreme Court of North Carolina · 1897
- Anderson v. Cape Fear Steamboat Co.Supreme Court of North Carolina · 1870
- Jackson v. Commissioners of Greene CountySupreme Court of North Carolina · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State v. . BealSupreme Court of North Carolina · 1930
- State v. BealSupreme Court of North Carolina · 1930
- Lincoln v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1935
- State v. . RhinehartSupreme Court of North Carolina · 1936
- Orr v. Southern Bell Telephone & Telegraph Co.Supreme Court of North Carolina · 1903
12 more not listed; retrieve them via the Exa API.