Legal Opinion

Nicholson v. Railroad

Supreme Court of North Carolina

Decided May 25, 1905PublishedCited by 12 opinions

ActioN by William Nicholson against tbe Transylvania Railroad Company, beard by Judge O. S. Ferguson and a jury, at tbe October Term, 1904, of tbe Superior Court of Jackson County. From a judgment for tbe plaintiff, tbe defendant appealed.

1Opinion of the CourtClark, C. J.

The evidence tended to show that the plaintiff was injured by the negligence of a fellow servant, and the defendant asked the court to charge that if the jury should find such to be the fact and “should further find from the evidence that the defendant, although a railroad corporation operating a railroad in this State, was not operating a railroad at the point where the plaintiff received bis alleged injury, nor within a nearer distance to said point than five or six miles, and had laid no track at said point nor within said distance from said point, but was engaged in constructing a…

2Cases cited14 opinions

  1. Tullis v. Lake Erie & Western RailroadSupreme Court of the United States · 1899
  2. Chicago, Kansas & Western Railroad v. PontiusSupreme Court of the United States · 1895
  3. Coley v. North Carolina RailroadSupreme Court of North Carolina · 1901
  4. Coley v. North Carolina RailroadSupreme Court of North Carolina · 1901
  5. Sigman v. Railroad Co.Supreme Court of North Carolina · 1904

9 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Twiddy v. Dare Lumber Co.Supreme Court of North Carolina · 1911
  2. Jackson v. Ayden Lumber Co.Supreme Court of North Carolina · 1912
  3. Richardson v. American Cotton Mills, Inc.Supreme Court of North Carolina · 1925
  4. O'Neal v. South & Western RailroadSupreme Court of North Carolina · 1910
  5. United States Fire Insurance v. Northern Pacific Railway Co.Washington Supreme Court · 1948

7 more not listed; retrieve them via the Exa API.

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