Brown v. Linville Railway Co.
Supreme Court of North Carolina
Appeal by defendant from Garter, J., at August Special Term, 1917, of Avebt. Tbe defendant maintained a flag station 200 or 300 yards from the town of Minneapolis, which was at the terminus of a switchback running from the main line at the flag station down to the town of Minneapolis, where defendant had a station and agent. The flag station was used only, for the purpose of allowing passengers to get off and on passenger trains.
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Appeal by defendant from Garter, J., at August Special Term, 1917, of Avebt. Tbe defendant maintained a flag station 200 or 300 yards from the town of Minneapolis, which was at the terminus of a switchback running from the main line at the flag station down to the town of Minneapolis, where defendant had a station and agent. The flag station was used only, for the purpose of allowing passengers to get off and on passenger trains. The testimony of the plaintiff was that she had been on a visit to her sister at Minneapolis for two or three days prior to 24 November, 1916, on which date she…
1Opinion of the CourtClark, C. J.
The court correctly instructed the jury that the plaintiff would not be entitled to recover, though her husband signaled the train, if it was not a passenger train; that if it was a passenger train, she could not recover, for its failure to stop, anything except actual damages, unless the engineer actually saw the signal or with reasonable care he ought to have seen it. Williams v. R. R., 144 N. C., 498.
The court erred, however, in refusing to give the following prayer for instruction asked by the defendant: “If the jury shall find from the evidence that plaintiff was left at the flag…
2Cases cited9 opinions
- Ramsbottom v. RailroadSupreme Court of North Carolina · 1905
- Brewster v. Elizabeth City.Supreme Court of North Carolina · 1905
- Purcell v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
- Williams v. Carolina & Western RailroadSupreme Court of North Carolina · 1907
- Hansley v. Jamesville & Washington RailroadSupreme Court of North Carolina · 1894
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3Cited by3 opinions
- Johnson v. Western Union Telegraph Co.Supreme Court of North Carolina · 1919
- Blaylock v. Southern Railway Co.Supreme Court of North Carolina · 1919
- Purcell v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891