Lloyd v. North Carolina Railroad
Supreme Court of North Carolina
Appeal by defendant petitioner from Peebles,' Jat February Term, 1912, of Guileoed. Civil action. Tbe suit originally instituted against tbe North Carolina’Railroad, a corporation of this State, having its franchise and owning a railroad property here, and the Southern Railroad, a corporation of the State of Virginia, operating, the road of its codefendant under a 99-year lease, and which, among other things, provides: “for the liability of the Southern Railway Company for…
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Appeal by defendant petitioner from Peebles,' Jat February Term, 1912, of Guileoed. Civil action. Tbe suit originally instituted against tbe North Carolina’Railroad, a corporation of this State, having its franchise and owning a railroad property here, and the Southern Railroad, a corporation of the State of Virginia, operating, the road of its codefendant under a 99-year lease, and which, among other things, provides: “for the liability of the Southern Railway Company for all of its acts and defaults in the operation of said road” and for a deposit of “not less than $175,000 in cash, or its…
1Opinion of the Court
Hoke, J.,
after stating the case: The plaintiff in express terms bases his cause of action on the Federal Employers’ Liability Act of 1908 (35 U. S. St., 65 Ch., 149) as amended on 5 April, 1910 (36 U. S. St., 291 Fed., 143), and in his complaint makes allegation sufficient to establish liability on the part of both, of defendant companies. The statute in question confers a right of action against all common carriers by railroad engaged in interstate- commerce and in favor of all employees “while engaged in such commerce or their representatives when injured or killed by reason of the…
2Cases cited27 opinions
- Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
- Johnson v. Southern Pacific Co.Supreme Court of the United States · 1904
- Alabama Great Southern Railway Co. v. ThompsonSupreme Court of the United States · 1906
- Southern Railway Co. v. United StatesSupreme Court of the United States · 1911
- Wecker v. National Enameling & Stamping Co.Supreme Court of the United States · 1907
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3Cited by3 opinions
- Logan v. . R. R.Supreme Court of North Carolina · 1895
- Gamble v. CENTRAL OF GEORGIA RAILWAY COMPANYDistrict Court, M.D. Alabama · 1973
- North Carolina Public Service Co. v. Southern Power Co.Supreme Court of North Carolina · 1920