Cotton v. North Carolina R. R. Co.
Supreme Court of North Carolina
ActioN tried before Moore, Jand a jury, February Term, 1908, of Guilford. This action was brought to recover damages for injuries alleged to have been, caused by the defendant’s negligence.
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ActioN tried before Moore, Jand a jury, February Term, 1908, of Guilford. This action was brought to recover damages for injuries alleged to have been, caused by the defendant’s negligence. The plaintiff who, on 13 May, 1906, was in the employ of the defendant, was ordered by George W. Vernon, the baggage agent at Greensboro, N. C., to carry some trunks from the north bound train No. 34, which had just arrived, to the east bound train No. 112. Vernon told him to make haste, as the .east bound train was about to leave. Plaintiff and Will Suggs started with the truck, which weighed one thousand…
1Opinion of the Court
"Walker, «L,
after stating the case: Where a motion to dismiss an action is made, under the statute, the evidence must be construed in the view most favorable to the plaintiff, and every fact which it tends to prove, and which is an essem tial ingredient of the cause of action, must be taken as estab-' lished, as the jury, if the case had been, submitted to them, might have found those facts from the testimony. Brittain v. Westhall, 135 N. C., 492. Applying this rule, we think there was evidence in the case proper for the consideration of the jury upon the question of negligence. The duty of…
2Cases cited11 opinions
- Indiana Car Co. v. ParkerIndiana Supreme Court · 1885
- Texas & Pacific Railway Co. v. BarrettSupreme Court of the United States · 1897
- Parsons v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Harley v. Buffalo Car Manufacturing Co.New York Court of Appeals · 1894
- Avery v. West Lumber Co.Supreme Court of North Carolina · 1908
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3Cited by50 opinions
- Boddie v. BondSupreme Court of North Carolina · 1911
- Kornegay v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
- Pigford v. . R. R.Supreme Court of North Carolina · 1912
- Deppe v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910
- Petty v. Cranston Print Works CompanySupreme Court of North Carolina · 1956
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