Kistler v. Southern Railway Co.
Supreme Court of North Carolina
Civil aotioN tried before Justice, J., and a jury, at January Term, 1916, of McDowell. Tbe action was to recover damages for personal injuries caused by tbe alleged negligence of tbe defendant company. On denial of liability, there was verdict for plaintiff, assessing damage. Judgment on verdict, and defendant excepted and appealed.
1Opinion of the CourtHoke, J.
Tbe evidence tended to sbow tbat, on 17 July, 1914, plaintiff, a boy 17 years of age, was unloading ice, consigned to bis employer, from a box car on defendant’s side-track at Marion, N. 0., having been directed to said car by tbe agents of defendant company. While so engaged, and without warning of any kind, an engine of tbe company was run with great violence against tbe car, shoving tbe same along tbe track for two or three car lengths, throwing tbe plaintiff over tbe wagon onto a pile of chestnut wood, causing serious and painful injuries, from which plaintiff still suffers. It could not…
2Cases cited4 opinions
- Ferebee v. Norfolk Southern RailroadSupreme Court of North Carolina · 1913
- Worley v. Laurel River Logging Co.Supreme Court of North Carolina · 1911
- Downs v. AllenU.S. Circuit Court for the District of Connecticut · 1885
- Bryan v. Railroad Co.Supreme Court of North Carolina · 1904
3Cited by4 opinions
- State v. BooneSupreme Court of North Carolina · 1982
- Williamson v. BennettSupreme Court of North Carolina · 1960
- Milling Co. v. . Highway CommissionSupreme Court of North Carolina · 1925
- Riverview Milling Co. v. State Highway CommissionSupreme Court of North Carolina · 1925