Usury v. . Watkins
Supreme Court of North Carolina
Appeal from Biggs, J., at November Term, 1909, of GraN-ville. Action for personal injury ggainst defendant Watkins, as the engineer, and the Southern Railway, as the common carrier operating a freight train with passenger coach attached, between Oxford and Keysville. Plaintiff was a passenger, and, while standing up near car door when train had stopped at a water tank, the train was started and, as plaintiff testifies, he was thrown down and injured.
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Appeal from Biggs, J., at November Term, 1909, of GraN-ville. Action for personal injury ggainst defendant Watkins, as the engineer, and the Southern Railway, as the common carrier operating a freight train with passenger coach attached, between Oxford and Keysville. Plaintiff was a passenger, and, while standing up near car door when train had stopped at a water tank, the train was started and, as plaintiff testifies, he was thrown down and injured. At conclusion of all the evidence plaintiff stated he did not desire or ask’that an issue be submitted as to Engineer 'Watkins. There was a…
1Opinion of the Court
Per Ouriam.
The assignments of error present two questions: 1. Is there any sufficient evidence of negligence? 2. In view of the action of plaintiff in respect to the defendant Watkins, can plaintiff recover of his principal, the railway company?
We are unanimous in the opinion that there is no sufficient evidence of negligence, and that his Honor should have so held.
The train was a long freight with passenger coach attached at end. It was properly equipped with air-brakes and managed by a competent engineer. In starting the train and taking up the slack, it is conceded that much jolting and…
2Cases cited2 opinions
- Marable v. RailroadSupreme Court of North Carolina · 1906
- Smith v. South & Western RailroadSupreme Court of North Carolina · 1909
3Cited by10 opinions
- Hunt v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1917
- Riggs v. Norfolk-Southern RailroadSupreme Court of North Carolina · 1924
- Mitchell v. . R. R.Supreme Court of North Carolina · 1918
- Kearney v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1912
- Mitchell v. Southern Railway Co.Supreme Court of North Carolina · 1918
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