Fitzgerald v. Railroad
Supreme Court of North Carolina
ActioN by Obediah J. Eitzgerald against the Southern Eailway Company, heard by Judge O. W. Ward and a jury, at the October Term, 1905, of the Superior Court of G-uil-foed. This was an action to recover damages for an injury caused by alleged negligence on the part of defendant. No contributory negligence was alleged in the answer and the cause was submitted to the jury on two issues. 1. As to the defendant’s negligence causing the injury. 2. As to damages.
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ActioN by Obediah J. Eitzgerald against the Southern Eailway Company, heard by Judge O. W. Ward and a jury, at the October Term, 1905, of the Superior Court of G-uil-foed. This was an action to recover damages for an injury caused by alleged negligence on the part of defendant. No contributory negligence was alleged in the answer and the cause was submitted to the jury on two issues. 1. As to the defendant’s negligence causing the injury. 2. As to damages. There was evidence tending to show that plaintiff on the 11th day of July, 1904, at the time of the injury, was in the employment of the…
1DissentBrown, J.
This was an action to recover damages for an injury caused by alleged negligence on the part of defendant. No contributory negligence was alleged in the answer, and the cause was submitted to the jury on two issues: 1. As to the defendant's negligence causing the injury. 2. As to damages.
There was evidence tending to show that plaintiff on 11 July, 1904, at the time of the injury, was in the employment of the defendant as a hostler on the yard of the defendant at Winston, N.C. and it was his duty with his helpers, who were employed by the defendant, when any engine came in, to take charge of…
2Cases cited9 opinions
- McCray v. Galveston, Harrisburg & San Antonio Railway Co.Texas Supreme Court · 1896
- Womble v. . Grocery Co.Supreme Court of North Carolina · 1904
- Howser v. Cumberland & Pennsylvania RailroadCourt of Appeals of Maryland · 1894
- Seybolt v. . the N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1884
- Hart v. Washington Park ClubIllinois Supreme Court · 1895
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3Cited by53 opinions
- Prest-O-Lite Co. v. SkeelIndiana Supreme Court · 1914
- Penn v. Inferno Manufacturing CorporationLouisiana Court of Appeal · 1967
- Ridge v. Norfolk Southern RailroadSupreme Court of North Carolina · 1914
- Dail v. TaylorSupreme Court of North Carolina · 1909
- Lincoln v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1935
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