Ware v. Southern Railway Co.
Supreme Court of North Carolina
Appeal by defendant from Harding, J., at tbe November Term, 1917, of Guilpobd. Tbis is an action to recover damages for personal injury. Tbe plaintiff was a section band in tbe employment of tbe defendant, and was engaged in working upon tbe section near Higb Point under Foreman T. W. Pierce.
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Appeal by defendant from Harding, J., at tbe November Term, 1917, of Guilpobd. Tbis is an action to recover damages for personal injury. Tbe plaintiff was a section band in tbe employment of tbe defendant, and was engaged in working upon tbe section near Higb Point under Foreman T. W. Pierce. He bad been engaged in tbis work for more tban two years, and on 27 October, 1917, tbe foreman witb four section bands, including tbe plaintiff, was taking two cars from tbe belt-line which runs around a section of tbe city of Higb Point onto tbe main line which leads from Higb Point to Asbeboro. Tbe…
1DissentClaeK, C. J.
It is settled in this and indeed in all jurisdictions that when reasonable men can draw only one conclusion from a .given state of facts, whether there is negligence or not, it is a matter of law. Whitley v. R. R., 122 N. C., 987; Clark v. Traction Co. (Brown, J.), 138 N. C., 77; Miller v. R. R., 128 N. C., 26; Chesson v. Lumber Co., 118 N. C., 59. It would seem that reasonable men could draw no other conclusion than that there is negligence when a railroad official, taking no risks himself, directs an employee to jump off a motor car “running 6 to 7 miles an hour, to run across the track,…
2Cases cited14 opinions
- Aycock v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1883
- Pressly v. Yarn Mills.Supreme Court of North Carolina · 1905
- Carter v. RailroadSupreme Court of North Carolina · 1905
- Farris v. Southern Railway Co.Supreme Court of North Carolina · 1909
- Greenlee v. . R. R.Supreme Court of North Carolina · 1898
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