Wagner v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
‘ Aotioh tried before Neal, J., and a jury, at Fall Term, 1907, of Edgecombe. Action for personal injury sustained by the alleged negligence of defendant. The testimony tends to show that the defendant corporation owns and operates as a part of its system a railroad from Plymouth to Tarboro, N. C., for the transportation of freight and passengers; that as said railroad approaches Tarboro from the east it crosses a bridge over the Tar River and the low grounds thereof.
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‘ Aotioh tried before Neal, J., and a jury, at Fall Term, 1907, of Edgecombe. Action for personal injury sustained by the alleged negligence of defendant. The testimony tends to show that the defendant corporation owns and operates as a part of its system a railroad from Plymouth to Tarboro, N. C., for the transportation of freight and passengers; that as said railroad approaches Tarboro from the east it crosses a bridge over the Tar River and the low grounds thereof. Plaintiff’s witness, Harris, who took measurements of the bridge, etc., says: “From stop post to beginning of trestle is 12…
1Opinion of the Court
OoNNOR, J.,
after stating the facts: Eliminating all immaterial and corroborative testimony, there is but little controversy respecting the facts. Plaintiff got upon defendant’s train at a station eight miles east of Tarboro, between J and 8 o’clock in the evening of 2 June, 1905, and took his seat on the platform of the combination car, “with one foot on the bottom step and the other leg straight out.” There were “plenty of seats” inside the car, and plaintiff sat on the platform because it was warm and he preferred riding there. There is no evidence that the conductor knew he was on the…
2Cases cited4 opinions
- Clark v. . Eighth Avenue Railroad Co.New York Court of Appeals · 1867
- Ruffin v. RailroadSupreme Court of North Carolina · 1906
- Shaw v. RailroadSupreme Court of North Carolina · 1906
- Crocker v. ButtrickMassachusetts Supreme Judicial Court · 1905
3Cited by8 opinions
- Lane v. . R. R.Supreme Court of North Carolina · 1926
- Taylor v. JohnstonSupreme Court of North Carolina · 1976
- Lane v. Southern Railway Co.Supreme Court of North Carolina · 1926
- Roberson v. Carolina Taxi Service, Inc.Supreme Court of North Carolina · 1939
- Redman v. Norfolk & Western Railway Co.Supreme Court of North Carolina · 1909
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