Legal Opinion

Cogdell v. Wilmington & Weldon Railroad

Supreme Court of North Carolina

Decided May 13, 1902PublishedCited by 6 opinions

AcxioN by Mariali Cogdell, administratrix of Samuel Cog-dell, against tbe Wilmington and Weldon Railroad Company,, beard by Judge O. H. Allen and a jury, at February Term, 1901, of tbe Superior Court of Beaueobt County. From a judgment for tbe defendant, tbe plaintiff appealed.

1Opinion of the CourtCook, J.

Defendant company delivered at Washington, upon its track at tbe wbarf, a carload of coal consigned to the Stryon Transportation Company. According to tbe agreement between them, it was the duty of the' consignee to unload tbe coal from tbe car. Plaintiff’s- intestate was employed by tbe consignee to unload tbe coal, and, while undertaking to do so, fell into tbe river and was drowned, on account of which this action was instituted.

The contention of plaintiff is that defendant company wag-negligent in tbe construction of its premises provided for delivering this freight, and in leaving an…

2Cases cited1 opinion

  1. Clary's Administrators v. ClarySupreme Court of North Carolina · 1841

3Cited by6 opinions

  1. Marks v. Cotton Mills.Supreme Court of North Carolina · 1904
  2. Britt v. Carolina Northern RailroadSupreme Court of North Carolina · 1908
  3. Cogdell v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1903
  4. Olstad v. FahseSupreme Court of Minnesota · 1938
  5. Harris v. Balfour Quarry Co.Supreme Court of North Carolina · 1902

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