Tillett v. Lynchburg & Durham Railroad
Supreme Court of North Carolina
This was a civil ACTION for damages, tried before his Honor Shuford, J., and a jury, at April Term, 1894, of PersoN Superior Court.
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This was a civil ACTION for damages, tried before his Honor Shuford, J., and a jury, at April Term, 1894, of PersoN Superior Court. The plaintiff alleged that while he was attempting to board' a passenger car on a “ mixed train ” of the defendant Norfolk and Western Railroad Company at Roxboro, N. C., certain freight cars were negligently backed, with great violence,, against the passenger car, and the plaintiff was severely injured on his head, and thereby lost his eyesight. The action was brought against both the Norfolk and Western and the Lynchburg and Durham Railroad Companies, and the…
1Per curiam
Among other instructions asked by counsel for defendant, were the following:
“ 8. If the jury believe, and should find, from the evidence, that Walker, the conductor, told the plaintiff to wait at the platform of the station and he would have the passenger car pulled up in front of the station for him to get on, and the plaintiff disregarded what the conductor said to him and went aboard the car before it was coupled, then he took upon himself all the risk incident to so doing, contributed to his own injury, and, in this aspect of the case, plaintiff cannot recover.”
“ 16. If the jury find,…
2Cited by47 opinions
- Johnson v. . R. R.Supreme Court of North Carolina · 1913
- Drum v. MillerSupreme Court of North Carolina · 1904
- Edwards v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1901
- Pickett v. . R. R.Supreme Court of North Carolina · 1895
- State v. Barrett.Supreme Court of North Carolina · 1903
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