Williams v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal by plaintiff from Bond, J., at January Term, 1914, of WatNe. Action to recover damages for personal injury caused, as tbe plaintiff alleges, by tbe negligence of tbe defendant, in that it failed, to provide him a reasonably safe place in which to work.
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Appeal by plaintiff from Bond, J., at January Term, 1914, of WatNe. Action to recover damages for personal injury caused, as tbe plaintiff alleges, by tbe negligence of tbe defendant, in that it failed, to provide him a reasonably safe place in which to work. Evidence was introduced by tbe plaintiff and tbe jury returned tbe following verdict: 1. Was tbe injury'to plaintiff caused by the negligence of the defendant, as alleged? Answer: “Yes.” 2. If so, did the plaintiff by his own negligence contribute to such injury? Answer: “No.” 3. What damage, if any, is plaintiff entitled to recover?…
1Opinion of the CourtAxleN, J.
The plaintiff was a brakeman, working in the yards of the defendant company at Eocky Mount, and while ascending a box car by the side ladder, in the performance of his duties, was struck by the eaves of a small shanty about 7 feet high, in such close proximity to the track that it was impossible to clear the shanty in the act of climbing the side of the car. The shanty was located about 15 feet south of a ear shed. The plaintiff mounted the car about five ear lengths from the shanty, but could not go to the top, as there was no end ladder on the car, until after he passed the car shed,…
2Cases cited6 opinions
- Texas & Pacific Railway Co. v. SwearingenSupreme Court of the United States · 1904
- Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
- Tanner v. Lumber Co.Supreme Court of North Carolina · 1906
- Flanders v. Chicago, St. Paul, M. & O. Ry. Co.Supreme Court of Minnesota · 1892
- Heilig v. Southern Railway Co.Supreme Court of North Carolina · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Transou v. . Director GeneralSupreme Court of North Carolina · 1921