Hines v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal by plaintiff from Calvert, J., at August Term, 1922, of Pitt. This is an action by the plaintiff for injuries sustained by him in the course of his employment. The plaintiff was the agent of the defendant company at Oak City, N. 0., on its line between Parmele and Weldon. His duties required him to sell tickets, receive and deliver freight, and handle baggage.
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Appeal by plaintiff from Calvert, J., at August Term, 1922, of Pitt. This is an action by the plaintiff for injuries sustained by him in the course of his employment. The plaintiff was the agent of the defendant company at Oak City, N. 0., on its line between Parmele and Weldon. His duties required him to sell tickets, receive and deliver freight, and handle baggage. In January, 1913, the plaintiff alleges and testified that in lifting a piece of baggage from the ground to the train he sustained a slight rupture, and immediately requested the defendant’s superintendent to supply him with a…
1Opinion of the CourtGlare, C. J.
According to the allegations and the evidence, this was an intrastate transaction, the baggage of the passenger being checked from Oak City to Greenville, N. C. The evidence for the plaintiff on this motion to nonsuit must be taken in the light most favorable to him, and presents two causes of action: the negligent failure of defendant company to supply the plaintiff with the necessary equipment with which to perform the duties of his position, although he had asked for such equipment and been promised the same; and the negligent failure of the defendant company to indicate to the plaintiff…
2Cases cited4 opinions
- Lloyd v. P. H. Hanes & Co.Supreme Court of North Carolina · 1900
- Pigford v. . R. R.Supreme Court of North Carolina · 1912
- Sims v. . LindsaySupreme Court of North Carolina · 1898
- Cherry v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1917
3Cited by3 opinions
- Crisp v. Hanover Thread Mills, Inc.Supreme Court of North Carolina · 1925
- Jarvis v. Erwin Cotton Mills Co.Supreme Court of North Carolina · 1927
- Barrett v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1926