Johnson v. Southern Railway Co.
Supreme Court of North Carolina
Civil action for damages tried at February Term, 1898, of Rowan Superior Court, before Mclver, J., and a jury. The material facts appearing from the plaintiff’s testimony are set out in the opinion. At the conclusion of the plaintiff’s evidence, his Honor granted the defendant’s motion to dismiss the action, as upon judgment of non-suit, under Chapter 209, Acts of 1891, and plaintiff appealed.
1Opinion of the Court
Fürches, J.:
On December 21st, 1895, one Adams, a section master on the defendant’s road, with his crew, went to Salisbury to get pay for their services as employees of the defendant. Adams and the other members of the crew, except the plaintiff, went on a hand car but the plaintiff walked ; that while the plaintiff was in the employ of the defendant, as a section hand, and had been for some three years, he was not on duty that day ; that they were delayed in getting their- pay and did not get away from Salisbury until 9 o’clock or later ; that their section quarters was some three miles east…
2Cases cited9 opinions
- Spruill v. Northwestern Mutual Life InsuranceSupreme Court of North Carolina · 1897
- Hinshaw v. Raleigh & Augusta Air Line R. R.Supreme Court of North Carolina · 1896
- Logan v. North Carolina RailroadSupreme Court of North Carolina · 1895
- Oakes v. MaseSupreme Court of the United States · 1897
- Barcello v. . HapgoodSupreme Court of North Carolina · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Gates v. . MaxSupreme Court of North Carolina · 1899
- Moore v. Charlotte Electric Street Railway Co.Supreme Court of North Carolina · 1901
- Young v. Aloha Lumber Co.Washington Supreme Court · 1911
- Kelly v. Yadkin River Power Co.Supreme Court of North Carolina · 1912
- Turner v. . Lumber Co.Supreme Court of North Carolina · 1896
1 more not listed; retrieve them via the Exa API.