Hudson v. Charleston, Cincinnati & Chicago Railroad
Supreme Court of North Carolina
Negligence — Burden of Proof — Evidence—Master ■and Servant. This is a civil ACTION for damages for an injury sustained by the defendant, which was tried at August Term, 1889, of the Superior Court of Cleveland County, before Connor, J. The plaintiff testified: “On April 29th, 1887,1 was in the employ of the defendant as baggage-master. Just before reaching Black’s Station, the conductor (McCarthy) told me that there was a flat-car, with brick on it, to be cut off.
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Negligence — Burden of Proof — Evidence—Master ■and Servant. This is a civil ACTION for damages for an injury sustained by the defendant, which was tried at August Term, 1889, of the Superior Court of Cleveland County, before Connor, J. The plaintiff testified: “On April 29th, 1887,1 was in the employ of the defendant as baggage-master. Just before reaching Black’s Station, the conductor (McCarthy) told me that there was a flat-car, with brick on it, to be cut off. When we reached there, I got off to cut off, so that it could go on the side-track. I left the pin as I had been directed, so…
1Opinion of the CourtAvery, J.
— after stating the facts: Where a servant rests his claim to damages against 'his employer upon the ground that he has been injured by defective machinery, furnished by the master to be used in the course of his employment, the burden is cast upon him, as plaintiff, to prove negligence prima facie, or subject himself to judgment of non-suit. It is a well settled rule that he cannot relieve himself of the onus thus imposed upon him until he offers testimony tending to show:
1. That the appliance or machinery was defective.
2. That the injury was due to such defect as the proximate cause.
3. That…
2Cases cited5 opinions
- Gibson v. Pacific RailroadSupreme Court of Missouri · 1870
- Mobile & Ohio R. R. v. ThomasSupreme Court of Alabama · 1868
- Cowles v. Richmond & Danville RailroadSupreme Court of North Carolina · 1881
- Pleasants v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1886
- Warner v. Western North Carolina RailroadSupreme Court of North Carolina · 1886
3Cited by27 opinions
- Ross v. Cotton Mills.Supreme Court of North Carolina · 1905
- Cotton v. North Carolina R. R. Co.Supreme Court of North Carolina · 1908
- Mason v. Richmond & Danville RailroadSupreme Court of North Carolina · 1892
- Hunt v. WootenSupreme Court of North Carolina · 1953
- Coley v. North Carolina RailroadSupreme Court of North Carolina · 1901
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