Browne v. Raleigh & Gaston Railroad
Supreme Court of North Carolina
This was a civil action, brought to recover damages for an injury received while getting on defendant’s train, tried at September Term, 1890, of the Superior Court of WarreN County, before Whitaker, J. The plaintiff testified that he was at Macon depot on or about the 25th of November, 1889, and purchased a ticket from Macon to Vaughan from Rodwell, agent of the defendant. “In a few minutes the local freight came to Macon.
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This was a civil action, brought to recover damages for an injury received while getting on defendant’s train, tried at September Term, 1890, of the Superior Court of WarreN County, before Whitaker, J. The plaintiff testified that he was at Macon depot on or about the 25th of November, 1889, and purchased a ticket from Macon to Vaughan from Rodwell, agent of the defendant. “In a few minutes the local freight came to Macon. Rodwell asked me if I was going off on that train, and I told him I was. He said to .me that I had better get on; that the train would leave pretty soon. I asked Rodwell if…
1Opinion of the Court
Avery, J.,
after stating the facts: At the request of the defendant, the Court instructed the jury that the failure and refusal of the conductor to cause its passenger coach attached to its freight train to be drawn up to a point opposite the passenger platform, was not negligence. The plaintiff did not except, and it is insisted that the question whether it was a reasonable regulation to require passengers to get on board the train at a point so remote from the place used for passenger trains is now so far eliminated in the discussion of the defendant’s appeal that it cannot be considered…
2Cases cited8 opinions
- Deans v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Hulbert v. New York Central RailroadNew York Court of Appeals · 1869
- Phillips v. . Rensselaer and Saratoga R.R. Co.New York Court of Appeals · 1872
- Rose v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Smith v. Richmond & Danville RailroadSupreme Court of North Carolina · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Tillett v. Norfolk & Western R. R.Supreme Court of North Carolina · 1896
- Burgin v. Richmond & Danville RailroadSupreme Court of North Carolina · 1894
- Hoylman v. Kanawha & Michigan Ry. Co.West Virginia Supreme Court · 1909
- Denny v. North Carolina RailroadSupreme Court of North Carolina · 1903
- Stamey v. Southern Railway Co.Supreme Court of North Carolina · 1935
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