Wacksmuth v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal by defendant from Whedbee, J., at June Special Term, 1911, of Edgecombe. This is an action to recover damages for personal injuries caused, as the plaintiff alleges, by the negligence of the defendant. The defendant denies negligence, alleges that the plaintiff was guilty of contributory negligence, and specially pleads, as a defense, that the plaintiff was. a member of its relief department, and that after his injury he accepted benefits from the department.
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Appeal by defendant from Whedbee, J., at June Special Term, 1911, of Edgecombe. This is an action to recover damages for personal injuries caused, as the plaintiff alleges, by the negligence of the defendant. The defendant denies negligence, alleges that the plaintiff was guilty of contributory negligence, and specially pleads, as a defense, that the plaintiff was. a member of its relief department, and that after his injury he accepted benefits from the department. There was evidence that the plaintiff was injured on 18 April, 1904, in a collision, while performing his duty for the defendant…
1Opinion of the Court
This is an action to recover damages for personal injuries caused, as the plaintiff alleges, by the negligence of the defendant.
The defendant denies negligence, alleges that the plaintiff was guilty of contributory negligence, and specially pleads, as a defense, that the plaintiff was a member of its relief department, and that after his injury he accepted benefits from the department.
There was evidence that the plaintiff was injured on 18 April, 1904, in a collision, while performing his duty for the defendant as (36) engineer, and without fault on his part.
It was admitted that after his…
2Cases cited3 opinions
- Barden v. . R. R.Supreme Court of North Carolina · 1910
- Aderholt v. Seaboard Air Line RailwaySupreme Court of North Carolina · 1910
- Dalrymple v. CraigMissouri Court of Appeals · 1897
3Cited by4 opinions
- Godfrey v. . Power Co.Supreme Court of North Carolina · 1925
- Godfrey v. Western Carolina Power Co.Supreme Court of North Carolina · 1925
- Winborne Guano Co. v. Plymouth Mercantile Co.Supreme Court of North Carolina · 1915
- Russ v. . HarperSupreme Court of North Carolina · 1911