Pettit v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal from Whedbee, J., at June Special Term, 1911, of EDGECOMBE. This is an action brought by the administratrix of Joe Pettit, to recover damages.
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Appeal from Whedbee, J., at June Special Term, 1911, of EDGECOMBE. This is an action brought by the administratrix of Joe Pettit, to recover damages. The complaint alleges the death of the intestate, his employment by the defendant as a messenger boy, the nature of his duties, a description of the place where he had to work, and then alleges specifically the acts of negligence complained of as follows: “On 28 April, 1907, the said infant was given a message by the defendant, and carelessly and negligently directed by the defendant to deliver the same to another one of its employees, and to do…
1Dissent
Clark, 0. J.,
dissenting: Tbe plaintiff was not accorded the privilege of a jury trial to determine tbe facts. Therefore the evidence must be taken in tbe most favorable aspect for him and in tbe light of tbe most favorable inferences which could have been drawn therefrom by tbe jury. His intestate was a child, small for bis age, which was under twelve, and had not taken off knee pants. He was employed at South Eocky Mount to carry messages across a yard filled with eighteen or *134twenty tracks, with engines and trains moving backwards and forwards, every few minutes. Among these were through…
Also in this document: Concurring in part, dissenting in part.
2Cases cited10 opinions
- Johnson v. Southern Pacific Co.Supreme Court of the United States · 1904
- Pressly v. Yarn Mills.Supreme Court of North Carolina · 1905
- Powell v. Southern Railway Co.Supreme Court of North Carolina · 1899
- Turner v. Norfolk & W. R.West Virginia Supreme Court · 1895
- Goff's Adm'r v. Norfolk & W. R.U.S. Circuit Court for the District of Western Virginia · 1888
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