Phillips v. Southern Railway Co.
Supreme Court of North Carolina
Civil ActioN to recover damages, alleged to bave been occasioned by tbe wrongful ejection of the plaintiff from the depot waiting-room, at Asheville, by defendant, tried before Green, J., at May Term, 1898, of the Superior Court of HbNdeesoN County.
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Civil ActioN to recover damages, alleged to bave been occasioned by tbe wrongful ejection of the plaintiff from the depot waiting-room, at Asheville, by defendant, tried before Green, J., at May Term, 1898, of the Superior Court of HbNdeesoN County. It was'in evidence that the plaintiff, a resident of Henderson County, bought a ticket at Asheville for passage to Hot Springs, in Madison County; that he procured his ticket about dark- on December 15, 1896, at the depot, the train to leave at 2 o’clock A. M. of December 16; that he left the depot and went up town to make some purchases, and…
1Opinion of the CourtFueches, J.
On the 15th of December, 1896, the plaintiff, intending to take the next train on defendant’s road to' Hot Springs, in Madison County, entered the defendant’s waiting-room at Asheville about eight o’clock at night, with the intention of remaining there until the departure of the next train on defendant’s road for Hot Springs, which would leave at 1:20 o’clock of the next morning. He was informed by defendant’s agent, in charge of the waiting-room, that according to the rules of the company, she must close the room and that he would have to get out. The plaintiff protested against this, and…
2Cases cited2 opinions
- Webster v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1894
- Boothby v. Grand Trunk RailwaySupreme Court of New Hampshire · 1890
3Cited by18 opinions
- Williams v. Carolina & Western RailroadSupreme Court of North Carolina · 1907
- Monroe v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1909
- Riley v. Wrightsville & Tennille RailroadSupreme Court of Georgia · 1909
- Illinois Central R. R. v. LalogeCourt of Appeals of Kentucky · 1902
- Holcombe v. Southern Railway Co.Supreme Court of South Carolina · 1903
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