Moore v. Director General of Railroads
Supreme Court of North Carolina
Civil. ActioN, Under the Federal Employer’s Liability Act, to recover damages for alleged negligent killing of plaintiff’s intestate, tried before Bryson, J., and a jury, at at January Term, 1920, of Haywood.
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Civil. ActioN, Under the Federal Employer’s Liability Act, to recover damages for alleged negligent killing of plaintiff’s intestate, tried before Bryson, J., and a jury, at at January Term, 1920, of Haywood. Plaintiff alleged and claimed that on 28 July, 1918, her intestate, an employee of the railroad company, under charge and control of defendant, was negligently run over and killed by the kicking or shunting of cars on to the track on or near which the intestate was standing at the time. There was denial of liability by defendant, plea of contributory negligence and assumption of risk,…
1DissentWalker, J.
This action was brought under the Federal Employer’s Liability Act, and is, therefore, to be decided under the *643Federal law. Meadows v. Tel. Co., 173 N. C., 240, citing Fleming v. R. R., 160 N. C., 196; Lloyd v. R. R., 166 N. C., 24; Tilghman v. R. R., 167 N. C., 163 (same case on writ of error); S. A. L. Railway Co. v. Tilghman, 237 U. S., 499; Railway Co. v. Renn, 241 Y. S., 290. Tbis being so, the decision of the case is governed by Aerkfetz v. Humphries, 145 U. S., 418, as the facts of the two cases are not materially different bnt substantially the same. If there is any essential…
2Cases cited16 opinions
- Central Vermont Railway Co. v. WhiteSupreme Court of the United States · 1915
- Aerkfetz v. HumphreysSupreme Court of the United States · 1892
- Smith v. Wabash RailroadIndiana Supreme Court · 1895
- Seaboard Air Line Railway v. TilghmanSupreme Court of the United States · 1915
- High v. Carolina Central RailroadSupreme Court of North Carolina · 1893
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