Legal Opinion

Patton v. Western North Carolina Railroad

Supreme Court of North Carolina

Decided February 5, 1887PublishedCited by 34 opinions

Civil action, tried before Graves, Judge, at Spring Term, 1886, of McDowell Superior Court. The plaintiff brought this acti'on to recover damages for injuries sustained by him, as alleged in the material parts of his complaint, whereof the following is a copy: “II.

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Civil action, tried before Graves, Judge, at Spring Term, 1886, of McDowell Superior Court. The plaintiff brought this acti'on to recover damages for injuries sustained by him, as alleged in the material parts of his complaint, whereof the following is a copy: “II. And the plaintiff, at and before the injuries and wrongs herein after mentioned, was employed by the defendant as a section hand on the section from.to Old Fort, on the line of the railway, at and for a certain hire and reward agreed upon by the parties in that behalf; that the plaintiff was hired and employed by one Grant, who was…

1Opinion of the Court

Merrimon, J.,

(after stating the facts). There seems to be no well settled rule that classifies the agents and servants of a common employer, whether natural or artificial, first, into such as have authority to represent, act for and in the place of the employer in respect to the persons, business, matters and things wherewith they are charged; and secondly, such as have no such authority, but are merely fellow'-servants. But without regard to such rule, there is no reason why such authority may not be specially conferred upon any such agent or servant. In this case, the burden of proving the…

2Cases cited5 opinions

  1. Cowles v. Richmond & Danville RailroadSupreme Court of North Carolina · 1881
  2. Miller v. . MillerSupreme Court of North Carolina · 1883
  3. Dobbin v. Richmond & Danville RailroadSupreme Court of North Carolina · 1879
  4. Waddell v. . SwannSupreme Court of North Carolina · 1884
  5. McElwee v. W. T. Blackwell & Co.Supreme Court of North Carolina · 1880

3Cited by34 opinions

  1. Mason v. Richmond & Danville RailroadSupreme Court of North Carolina · 1892
  2. Jackson v. Telegraph Co.Supreme Court of North Carolina · 1905
  3. Logan v. North Carolina RailroadSupreme Court of North Carolina · 1895
  4. Logan v. . R. R.Supreme Court of North Carolina · 1895
  5. Tucker v. . SatterthwaiteSupreme Court of North Carolina · 1897

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