Wright v. Southern Railway Co.
Supreme Court of North Carolina
Civil action for damages tried before Allen, J., at Pall Term, 1898, of Rowan Superior Court. The complaint alleged that the death of plaintiff’s intestate, a brakeman on defendant’s train, was occasioned by the negligence of defendant in not providing a safe track, in consequence of which the train was derailed, and the intestate fatally injured. There was evidence that at the place where the train ran off the track, the cross-ties were rotten and defective.
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Civil action for damages tried before Allen, J., at Pall Term, 1898, of Rowan Superior Court. The complaint alleged that the death of plaintiff’s intestate, a brakeman on defendant’s train, was occasioned by the negligence of defendant in not providing a safe track, in consequence of which the train was derailed, and the intestate fatally injured. There was evidence that at the place where the train ran off the track, the cross-ties were rotten and defective. The second issue reads thus: Was the injury and death of plaintiff’s intestate caused by the negligence of a fellow servant? In one…
1Opinion of the Court
Clark, J.:
The death of the plaintiff’s intestate occurred prior to the Act of 1897 (inadvertently printed among the Private Laws of that year, Chapter 56) which provides that in actions against railroad companies for death or injuries sustained by an employee, the negligence of a fellow servant shall not be a defence, therefore the doctrine in force prior to that Statute applies. Rittenhouse v. R. Co., 120 N. C., 544.
The Court charged the jury that if they found that “the death was caused by the negligence of the section master in not providing the road with sound ties,” to answer the second…
2Cases cited7 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Lewis v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1875
- Rittenhouse v. Wilmington Street-Railway Co.Supreme Court of North Carolina · 1897
- Chesson v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1896
- Wright v. Northampton & Hertford RailroadSupreme Court of North Carolina · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Coley v. North Carolina RailroadSupreme Court of North Carolina · 1901
- Marcom v. Raleigh & Augusta Air Line RailroadSupreme Court of North Carolina · 1900
- Hancock v. Norfolk & Western Railway Co.Supreme Court of North Carolina · 1899
- Orr v. Southern Bell Telephone & Telegraph Co.Supreme Court of North Carolina · 1903
- Wright v. RailroadSupreme Court of North Carolina · 1901
2 more not listed; retrieve them via the Exa API.