Puett v. Railroad
Supreme Court of North Carolina
ActioN by Walter Puett and wife against Caldwell and Northern Railroad Co., heard by Judge Oliver H. Allen and a jury, at the November Term, 1905, of the Superior Court of Caldwell. Plaintiffs brought this action to recover damages for injuries caused by the negligence of the defendants. They had purchased tickets and boarded the train at Lenoir, intending to go to Collettsville, ten miles distant.
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ActioN by Walter Puett and wife against Caldwell and Northern Railroad Co., heard by Judge Oliver H. Allen and a jury, at the November Term, 1905, of the Superior Court of Caldwell. Plaintiffs brought this action to recover damages for injuries caused by the negligence of the defendants. They had purchased tickets and boarded the train at Lenoir, intending to go to Collettsville, ten miles distant. The nature of the injury can be best described by stating the testimony of the feme plaintiff, Mrs. Martha Puett, which was as follows: “On the night of 27th of February, 1905, my husband, W. R.…
1Opinion of the Court
Walker, J.,
after stating the case: The right of the plaintiffs to recover was not seriously questioned, provided the jury had found the facts to be as alleged in the complaint. The court charged the jury upon the theory that there might be such a recovery if they found the facts to be as the witnesses testified they were. The right of a passenger to recover against a carrier for its neglect to carry him to his destination, rests not only upon contract, but the duty so to carry him is imposed by law and for a breach of it he may recover in tort and the liability then is, of course, independent…
2Cases cited3 opinions
- State v. . CavenessSupreme Court of North Carolina · 1878
- State v. . MillerSupreme Court of North Carolina · 1876
- Hansley v. Jamesville & Washington RailroadSupreme Court of North Carolina · 1894
3Cited by6 opinions
- Irvin v. Southern Railway Co.Supreme Court of North Carolina · 1913
- Irvin v. . R. R.Supreme Court of North Carolina · 1913
- Roediger v. . SaposSupreme Court of North Carolina · 1940
- Svensson v. LindgrenSupreme Court of Minnesota · 1914
- Kennedy v. TarltonCourt of Appeals of North Carolina · 1971
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