Rickert v. Southern Railway Co.
Supreme Court of North Carolina
Civil action for damages, tried before Mclver, J., at Spring Term, 1898, of the Superior Court of Iredell County. The plaintiff was a passenger upon the defendants freight train, between Salisbury and Statesville. He testified, that when he got up here to Statesville they blowed the station below, and they slowed down about the switch, and he (the conductor) motioned to me to get off, and in attempting to do so I slipped, caught my foot in the stirrup, fell and was injured.
Read the full summary
Civil action for damages, tried before Mclver, J., at Spring Term, 1898, of the Superior Court of Iredell County. The plaintiff was a passenger upon the defendants freight train, between Salisbury and Statesville. He testified, that when he got up here to Statesville they blowed the station below, and they slowed down about the switch, and he (the conductor) motioned to me to get off, and in attempting to do so I slipped, caught my foot in the stirrup, fell and was injured. The defendant introduced evidence contradictory to that of plaintiff, and without demurring to the evidence of…
1Opinion of the Court
Eurohbs, J.:
The facts disclosed by the trial of this case strongly impress us with the belief that the plaintiff was not entitled to a verdict in his favor. At the same time, we cannot sáy that there was not evidence, that entitled him to go to the jury, and, if believed, to a verdict; and we cannot review the findings of the jury, however much we might differ with them. But we will.say that outside of all the evidence on the part of the defendant, contradicting the evidence offered by the plaintiff, it was not a very reasonable statement, that if the plaintiff paid his fare from Salisbury to…
2Cases cited4 opinions
- Hinshaw v. Raleigh & Augusta Air Line R. R.Supreme Court of North Carolina · 1896
- Nelson v. . WhitfieldSupreme Court of North Carolina · 1880
- Hopkins v. . BowersSupreme Court of North Carolina · 1892
- Baker v. . BremSupreme Court of North Carolina · 1889
3Cited by2 opinions
- Henry v. . HeggieSupreme Court of North Carolina · 1913
- Smith v. . HolmesSupreme Court of North Carolina · 1914