Owens v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal from W. J. Adams, J., at October Term, 1909, of ÁNSON. These issues were submitted: 1. Did the defendant wrongfully refuse to stop its train at McFarland to permit the plaintiff to alight therefrom, as alleged in the complaint ? Answer: Yes. 2. Was the plaintiff injured through the negligence of the defendant, as alleged in the complaint ? Answer: Yes. 3. Did the plaintiff by his own negligence contribute to his injuries? Answer: No. 4. Did the defendant willfully and…
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Appeal from W. J. Adams, J., at October Term, 1909, of ÁNSON. These issues were submitted: 1. Did the defendant wrongfully refuse to stop its train at McFarland to permit the plaintiff to alight therefrom, as alleged in the complaint ? Answer: Yes. 2. Was the plaintiff injured through the negligence of the defendant, as alleged in the complaint ? Answer: Yes. 3. Did the plaintiff by his own negligence contribute to his injuries? Answer: No. 4. Did the defendant willfully and wantonly refuse to stop its train at McFarland to permit the plaintiff to alight therefrom? Answer: Yes. 5. What…
1Opinion of the CourtBrown, J.
This case was before us at a former term upon a demurrer ore tenus to the complaint, and is reported in 147 N. C., 357, which is referred to as to its general nature. The Superior Court sustained the demurrer, and upon appeal this Court reversed tbe judgment, bolding that upon tbe allegations of tbe complaint tbe plaintiff was entitled to nominal damages. Thereafter, by leave of tbe lower court, an amended complaint was filed, to wbicb tbe defendant filed an answer.
Tbe defendant excepted to tbe submission of tbe second and fourth issues. Under tbe allegations of tbe amended complaint it was…
2Cases cited2 opinions
- Johnson v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1902
- Owens v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1908
3Cited by1 opinion
- Roberts v. . R. R.Supreme Court of North Carolina · 1911