Legal Opinion · Dissent

Holland v. Railroad

Supreme Court of North Carolina

Decided December 20, 1904Published

AotioN by M. II. Holland against the Seaboard Air Line Railway Company, heard by Judge H. B. Bryan and a jury, at May Term, 1904, of the Superior Court of Moore County. Erom a judgment for the plaintiff the defendant appealed.

1DissentDouglas, J.

I am unable to concur in tbe opinion of tbe Court in any aspect, either in its construction of tbe law or its understanding of tbe facts. Tbe plaintiff, who knew nothing of tbe accident, introduced only two witnesses besides himself, Thompson and Simpson, both at tbe time of tbe accident being in tbe employ of tbe defendant, and now running as conductors on other roads. All tbe other witnesses were introduced by tbe defendant. Tbe book of rules was produced by tbe defendant, and identified by defendant’s witnesses alone. Tbe record states that- tbe “plaintiff offers in evidence tbe special…

2Cases cited4 opinions

  1. Edwards v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1901
  2. Curtis v. Southern Railway Co.Supreme Court of North Carolina · 1902
  3. Butts v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1903
  4. Dunn v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1900

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