Lamb v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Cxvxl actioN, tried before Allen, J., and a jury, at October Term, 1919, of New Hanovee. Tbe action is by an employee engaged in interstate commerce, and on duty at tbe time of tbe occurrence, to recover damages for personal injuries caused by tbe alleged negligence of defendant company, chiefly in tbe sudden, unusual, violent, and negligent stopping of a freight train by defendant company or its agents and employees whereby plaintiff received serious and painful physical…
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Cxvxl actioN, tried before Allen, J., and a jury, at October Term, 1919, of New Hanovee. Tbe action is by an employee engaged in interstate commerce, and on duty at tbe time of tbe occurrence, to recover damages for personal injuries caused by tbe alleged negligence of defendant company, chiefly in tbe sudden, unusual, violent, and negligent stopping of a freight train by defendant company or its agents and employees whereby plaintiff received serious and painful physical injury from which he still suffers, etc. There was denial of liability on the part of defendant — pleas of contributory…
1Opinion of the CourtHoke, J.
Tbe action is brought under tbe Federal Employer’s Liability Act, and tbis being true, tbe question of substantive liability must be determined according to “its provisions applicable, and autboritative Federal decisions construing tbe same.” Jones v. R. R., 176 N. C., 260-264, citing Belch v. R. R., 176 N. C., 22; Erie R. R. v. Winfield, 244 U. S., 170; N. Y. Central v. Winfield, 244 U. S., 147; St. Louis, etc., R. R. v. Hesterly, Admr., 228 U. S., 702; Second Employers’ Liability Cases, 223 U. S., p. 1.
And tbe action having been instituted in tbe State Court, tbe State regulations and…
2Cases cited35 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Sweeney v. ErvingSupreme Court of the United States · 1913
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- New York Central Railroad Company v. WinfieldSupreme Court of the United States · 1916
- Texas & Pacific Railway Co. v. BehymerSupreme Court of the United States · 1903
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