Royster v. Southern Railway Co.
Supreme Court of North Carolina
AcxiON tried before Webb, J., and a jury, at February Term, 1908, of Gbanyilue, for personal injury received by being struck by defendant’s train on its track at Bullock, a flag station of defendant company. At tbe conclusion of tlie evidence the court sustained the motion of defendant to nonsuit the plaintiff upon the ground that upon his own evidence he Avas guilty of such contributory negligence as barred recovery. The plaintiff excepted and appealed.
1Opinion of the CourtBeown, J.
This is one of those hard cases which hai^e been called the “quicksands of the law.” A worthy man is injured in endeavoring to assist another, and yet under his oavu version of the facts we feel compelled by a long line of precedents to sustain the Judge of the Superior Court in holding that he is barred from recovery upon well-settled principles of the doctrine of contributory negligence. The plaintiff testifies in substance that he lived at Bullock and that his occupation was that of fixing a boiler at night, and that he is llot in defendant’s employment; that on the night of 23 January,…
2Cases cited10 opinions
- Bellefontaine Railway Co. v. HunterIndiana Supreme Court · 1870
- Kelley v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881
- Korrady v. Lake Shore & Michigan Southern Railway Co.Indiana Supreme Court · 1892
- Pepper v. Southern Pacific Co.California Supreme Court · 1895
- Pharr v. Southern Railway Co.Supreme Court of North Carolina · 1903
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Dunnevant v. Southern Railway Co.Supreme Court of North Carolina · 1914
- Shepherd v. North Carolina RailroadSupreme Court of North Carolina · 1913
- Exum v. . R. R.Supreme Court of North Carolina · 1911
- Exum v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
- Scott v. Western Union Telegraph Co.Supreme Court of North Carolina · 1930
15 more not listed; retrieve them via the Exa API.