Bass v. Southern Railway Co.
Supreme Court of North Carolina
Appeal by both, parties from Finley, J., at February Term, 1922, of MECKLENBUEG. This action was brought under the Federal Employers’ Liability Act, the plaintiff having been injured while working as a brakeman for the defendant in interstate commerce. Verdict and judgment for plaintiff.
1Opinion of the CourtClark, C. J.
The plaintiff, a brakeman of 14 years experience, in the line of his duty was proceeding from the cab of a freight train towards the engine while the train was in motion. While stepping from a box cay to a flat car there was, according to his evidence, such a violent, sudden, and unusual jerk in the train that “it jerked the flat car from under my foot and it jerked so hard it jerked me loose from the car. It jerked my hold loose and I slipped and went through.” The plaintiff’s arm-was cut off and he sustained other serious injuries.
The train consisted of an engine and 14 ears. These cars had…
2Cases cited10 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912
- Chesapeake & Ohio Railway Co. v. De AtleySupreme Court of the United States · 1916
- New York Central & Hudson River Railroad v. CarrSupreme Court of the United States · 1915
- Norfolk & Western Railway Co. v. EarnestSupreme Court of the United States · 1913
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3Cited by4 opinions
- Inge v. . R. R.Supreme Court of North Carolina · 1926
- Wimberly v. . R. R.Supreme Court of North Carolina · 1925
- Wimberley v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1925
- Inge v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1926