Hobbs v. Atlantic & North Carolina Railroad
Supreme Court of North Carolina
This was a civil action, heard at Spring Term, 1890, of CraveN Superior Court, before Armfield, J. The complaint alleged that the plaintiff, a fireman, was injured by the negligence of the engineer, under whose direction and control he was placed in defendant’s service; that the engineer negligently ordered him to go out upon the engine and oil certain machinery while the engine was in swift motion; that thereafter the engineer, while the plaintiff was out on the engine,…
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This was a civil action, heard at Spring Term, 1890, of CraveN Superior Court, before Armfield, J. The complaint alleged that the plaintiff, a fireman, was injured by the negligence of the engineer, under whose direction and control he was placed in defendant’s service; that the engineer negligently ordered him to go out upon the engine and oil certain machinery while the engine was in swift motion; that thereafter the engineer, while the plaintiff was out on the engine, negligently stopped it, so that the plaintiff was injured thereby. The defendant demurred, on the ground that the complaint…
1Opinion of the Court
Clark, J.:
In this case, as in TIagins v. Railroad, 106 N. C., 537, it is set out in the corn plaint that the injury to the plaintiff, who was a fireman, as in that case a brakesman, was caused by the negligence of the engineer. This case must be governed by that. While it is not always easy to draw the line between what constitutes a fellow-servant and what a superior employee or vice-principal, the relation between a brakesman or fireman and the locomotive engineer is well settled to be that of fellow-servants. It was so held in the first case on the subject, Murray v. S. C. R. R., 1…
2Cases cited8 opinions
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- Kirk v. Atlanta & Charlotte Air-Line Railway Co.Supreme Court of North Carolina · 1886
- Dobbin v. Richmond & Danville RailroadSupreme Court of North Carolina · 1879
- Henry v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1882
- Jones v. YeagerU.S. Circuit Court for the District of Eastern Missouri · 1872
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Rittenhouse v. Wilmington Street-Railway Co.Supreme Court of North Carolina · 1897
- Hancock v. Norfolk & Western Railway Co.Supreme Court of North Carolina · 1899
- Nicholson v. RailroadSupreme Court of North Carolina · 1905
- Miller v. Two State Const. Co., Inc.Court of Appeals of North Carolina · 1995
- Pleasants v. Raleigh & Augusta Air Line RailroadSupreme Court of North Carolina · 1897
7 more not listed; retrieve them via the Exa API.