Williams v. Southern Railway Co.
Supreme Court of North Carolina
Civil aotioN, for damages, tried before Norwood, A, and a jury, at Spring Term, 1895, of Surry Superior Court. The action was prosecuted by the plaintiff as next friend of his son, a minor, who was injured while in the employment of the defendant and engaged in repairing a bridge on the Northwestern North Carolina Railroad.
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Civil aotioN, for damages, tried before Norwood, A, and a jury, at Spring Term, 1895, of Surry Superior Court. The action was prosecuted by the plaintiff as next friend of his son, a minor, who was injured while in the employment of the defendant and engaged in repairing a bridge on the Northwestern North Carolina Railroad. Tho issues submitted to the jury and the responses were as follows : “ 1. Was the plaintiff’s son injured and endamaged by the default and negligence of the defendant? “ Answer, ‘ Yes.’ “2. If so, did the plaintiff’s son, by his own default and negligence, contribute to…
1Opinion of the Court
AveRY, J.:
It was conceded by both parties that the foreman or superintendent of the work were both repre sentatives of the company and not fellow servants of the plaintiff’s injured son. That admission puts the first question that would have arisen in the natural order of inquiry in this case behind us. If such was the relation subsisting at the time of sustaining the injury, an act of the boy which ordinarily would have been deemed negligent because it exposed him to apparent danger would not, if done suddenly under the command of his superior, have made him culpable, because the law assumes…
2Cases cited7 opinions
- Emery v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1889
- Mason v. Richmond & Danville RailroadSupreme Court of North Carolina · 1892
- Logan v. North Carolina RailroadSupreme Court of North Carolina · 1895
- Tillett v. Norfolk & Western R. R.Supreme Court of North Carolina · 1896
- Mason v. Richmond & Danville RailroadSupreme Court of North Carolina · 1894
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3Cited by10 opinions
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- Bowers v. . R. R.Supreme Court of North Carolina · 1907
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