Lindsey v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Civil ACTION, tried November Term, 1916, of Dubham, before Daniels, J., upon these issues: 1. “Was the plaintiff injured by the negligence of the defendant as-alleged in the complaint?” which the jury answered “Tes.” 2. “Did the plaintiff, by his own negligence, contribute to his injury?” which the judge, by consent of both plaintiff and defendant, answered “No.” 3. “What amount, if any, is tbe plaintiff entitled to recover?” which the Jury answered “$3,000.” From the…
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Civil ACTION, tried November Term, 1916, of Dubham, before Daniels, J., upon these issues: 1. “Was the plaintiff injured by the negligence of the defendant as-alleged in the complaint?” which the jury answered “Tes.” 2. “Did the plaintiff, by his own negligence, contribute to his injury?” which the judge, by consent of both plaintiff and defendant, answered “No.” 3. “What amount, if any, is tbe plaintiff entitled to recover?” which the Jury answered “$3,000.” From the judgment rendered, the defendant appealed.
1Opinion of the CourtBeowN, J.
There are only two assignments of error; one relates to the refusal to sustain motion to nonsuit and the other to a part of the charge. As we understand the law applicable to this ease, the motion was properly denied.
The material facts as testified to by plaintiff and his witness are practically uncontradicted. Plaintiff was a passenger on defendant’s train from Goldsboro to Warsaw, 16 December, 1914. It was nearly dark and the lamps were lighted. Plaintiff was seated in the smoking apartment of the rear passenger coach. A short while before the train reached Warsaw the plaintiff, desiring a…
2Cases cited5 opinions
- Inland & Seaboard Coasting Co. v. TolsonSupreme Court of the United States · 1891
- Stokes v. SaltonstallSupreme Court of the United States · 1839
- Railroad Company v. PollardSupreme Court of the United States · 1875
- Wiley v. Grand Trunk Ry.District Court, W.D. New York · 1915
- McCord v. Atlanta & Charlotte Air Line RailroadSupreme Court of North Carolina · 1903
3Cited by7 opinions
- Nowell v. BasnightSupreme Court of North Carolina · 1923
- Livingston v. Atlantic Coast Line R. Co.Court of Appeals for the Fourth Circuit · 1928
- Nowell v. . BasnightSupreme Court of North Carolina · 1923
- Humphries v. Queen City Coach Co.Supreme Court of North Carolina · 1947
- Watson v. Pullman CompanyCourt of Appeals of Kentucky (pre-1976) · 1931
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