Darden v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Civil actiost, tried before Neal, J., and a jury, at August Term, 1906, Superior Court of Halifax County. This action was brought to recover damages for an injury received by tbe plaintiff while alighting from defendant’s train. The plaintiff testified that he boarded .the train at Scotland Neck, and had a ticket for Springhill, his destination. The conductor took up the ticket and informed the brakeman that he had a passenger for Springhill.
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Civil actiost, tried before Neal, J., and a jury, at August Term, 1906, Superior Court of Halifax County. This action was brought to recover damages for an injury received by tbe plaintiff while alighting from defendant’s train. The plaintiff testified that he boarded .the train at Scotland Neck, and had a ticket for Springhill, his destination. The conductor took up the ticket and informed the brakeman that he had a passenger for Springhill. The signal blowed for the station of Springhill and the train slowed up and almost came to a stop. Some one called, “All off for Spring-hill!” and he…
1Opinion of the CourtBrown, J.
We have examined with care each of the exceptions set out in the record, and think they are without merit, but do not deem it necessary to notice them seriatim. The argument, as well as brief, of the learned counsel for the defendant was largely devoted to an attempt to show that the recent case of Shaw v. Railroad, 143 N. C., 312, is a controlling authority as to this case. We are of opinion that there is a marked difference between the two.
In Shaw’s case it was not intended to absolve the company from liability for the negligent act of its servant or to overrule the principle laid down in…
2Cases cited4 opinions
- Cable v. Southern Railway Co.Supreme Court of North Carolina · 1898
- Hodges v. Southern Railway Co.Supreme Court of North Carolina · 1897
- Shaw v. RailroadSupreme Court of North Carolina · 1906
- Watkins v. Raleigh & Augusta Air Line RailroadSupreme Court of North Carolina · 1895
3Cited by7 opinions
- Smith Ex Rel. Smith v. North Carolina RailroadSupreme Court of North Carolina · 1908
- St. Louis-S. F. Ry. Co. v. BellSupreme Court of Oklahoma · 1928
- Kearney v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1912
- Thorp v. Durham Traction Co.Supreme Court of North Carolina · 1912
- Kearney v. . R. R.Supreme Court of North Carolina · 1912
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