Parrott v. Railroad
Supreme Court of North Carolina
Action by Simon B. Parrott against Atlantic & North Carolina Railroad Co., heard by Judge W. B. Councill and a jury, at the December Term, 1905, of the Superior Court of Lenoie. Erom a judgment for the plaintiff, the defendant appealed. This is an action to recover damages .for a wrongful ejection of the plaintiff from the defendant’s train.
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Action by Simon B. Parrott against Atlantic & North Carolina Railroad Co., heard by Judge W. B. Councill and a jury, at the December Term, 1905, of the Superior Court of Lenoie. Erom a judgment for the plaintiff, the defendant appealed. This is an action to recover damages .for a wrongful ejection of the plaintiff from the defendant’s train. The following issues were submitted: 1. Did the plaintiff purchase the ticket from the defendant, as alleged in the sixth paragraph of the complaint ? Yes. 2. Did the defendant wrongfully eject the plaintiff from its train, as alleged in the complaint ?…
1Opinion of the CourtBrown, J.
1. Defendant .contends that there is no evidence in the record warranting the imposition of smart money. The jury have found that plaintiff was rightfully a passenger .and was wrongfully put off defendant’s train at night in the country, some 12 miles from Goldsboro. Under the fourth issue they have found the ejection was wilful and wanton. We find sufficient evidence in plaintiff’s own testimony to be submitted to the jury upon that issue. Plaintiff states that the conductor and brakeman took hold of him and forcibly ejected him, that he was in the presence of other passengers and that the…
2Cases cited6 opinions
- Holmes v. Carolina Central RailroadSupreme Court of North Carolina · 1886
- Mathias v. O'NeillSupreme Court of Missouri · 1887
- Hutchinson v. RailroadSupreme Court of North Carolina · 1905
- Crenshaw v. JohnsonSupreme Court of North Carolina · 1897
- Gattis v. Kilgo.Supreme Court of North Carolina · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. GoldbergSupreme Court of North Carolina · 1964
- Williams v. Carolina & Western RailroadSupreme Court of North Carolina · 1907
- Mintz v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1952
- In Re Will of YelvertonSupreme Court of North Carolina · 1930
- State v. . BroomSupreme Court of North Carolina · 1942
5 more not listed; retrieve them via the Exa API.