Legal Opinion

Hill v. North Carolina Railroad

Supreme Court of North Carolina

Decided December 1, 1920PublishedCited by 15 opinions

Appeal from Lane, Jat September Term, 1920, of RowaN. Tbe facts dedueible from tbe plaintiff’s testimony and tbe testimony of tbe plaintiff’s witnesses are as follows: Plaintiff, fifteen years of age, was employed by tbe defendant to work at tbe defendant’s railroad shops at Spencer, N. C. Plaintiff lived in Salisbury, N. C., and was carried to and from bis place'of employment by tbe defendant on an employee’s train, known as tbe “shop train,” consisting of cattle cars,…

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Appeal from Lane, Jat September Term, 1920, of RowaN. Tbe facts dedueible from tbe plaintiff’s testimony and tbe testimony of tbe plaintiff’s witnesses are as follows: Plaintiff, fifteen years of age, was employed by tbe defendant to work at tbe defendant’s railroad shops at Spencer, N. C. Plaintiff lived in Salisbury, N. C., and was carried to and from bis place'of employment by tbe defendant on an employee’s train, known as tbe “shop train,” consisting of cattle cars, converted into cars for employees to ride in, which were without platforms, steps, and doors, and were not equipped with…

1Opinion of the Court

"WalKER, J.,

after stating the case: There was evidence tending to show negligence on the part of the defendant which was, and should have been, submitted to the jury. The plaintiff was ordered by one having authority 'to give the order to leave the train, on which he was at the time, and deliver a rag wringer at the transfer shed office, which order he obeyed, and before he could return to the train and to the position which he had previously occupied thereon, the train started off. Plaintiff got upon the running board of the car safely, although the-train was in motion and increasing its…

2Cases cited14 opinions

  1. Johnson v. . R. R.Supreme Court of North Carolina · 1913
  2. Simmons v. Davenport.Supreme Court of North Carolina · 1906
  3. Pickett v. . R. R.Supreme Court of North Carolina · 1895
  4. Wilkinson v. . DunbarSupreme Court of North Carolina · 1908
  5. Kinney v. FolkertsMichigan Supreme Court · 1891

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3Cited by15 opinions

  1. State v. . SteeleSupreme Court of North Carolina · 1925
  2. Pascal Ex Rel. Pascal v. Burke Transit Co.Supreme Court of North Carolina · 1948
  3. State v. SteeleSupreme Court of North Carolina · 1925
  4. Johnson v. LewisSupreme Court of North Carolina · 1960
  5. Tyree v. TudorSupreme Court of North Carolina · 1922

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