Legal Opinion

Peterson v. Railroad

Supreme Court of North Carolina

Decided December 4, 1906PublishedCited by 23 opinions

ActioN by Moses Peterson, against South and Western Railway Company, beard by -Judge O. M. Goolce and a jury, at tbe April Special Term, 1906, of tbe Superior Court of Mitci-iell. Moses Peterson, on bis oivn bebalf, testifies: “I was at Huntdale, in this county, 2 May, 1903. I went up on tbe train to that place and got off about 12 o’clock; tbe train returning passed there about 5 or 6 on its way to Johnson City.

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ActioN by Moses Peterson, against South and Western Railway Company, beard by -Judge O. M. Goolce and a jury, at tbe April Special Term, 1906, of tbe Superior Court of Mitci-iell. Moses Peterson, on bis oivn bebalf, testifies: “I was at Huntdale, in this county, 2 May, 1903. I went up on tbe train to that place and got off about 12 o’clock; tbe train returning passed there about 5 or 6 on its way to Johnson City. I live in Yancey County, and was about to start home on my wagon when tbe train came on, but while it was stopped at station I went on tbe train to purchase some lemons. It was a…

1Opinion of the Court

CoNNOR, J.,

after stating the case: The plaintiff was neither a passenger nor an employee. He had no contractual relation with defendant, hence it owed him no contractual duty; nor did defendant OAve him any duty in respect to its business as a carrier of passengers. The rights and duties of the parties are therefore not, in any degree, affected by the fact that defendant was employed in the business of a common carrier.

For the purpose of disposing of the exception presented upon the appeal, the car ivas the property and under the control of defendant, subject -to the same power of management…

2Cases cited7 opinions

  1. Tillett v. Norfolk & Western R. R.Supreme Court of North Carolina · 1896
  2. Quantz v. RailroadSupreme Court of North Carolina · 1904
  3. Nance v. Carolina Central RailroadSupreme Court of North Carolina · 1886
  4. Denny v. North Carolina RailroadSupreme Court of North Carolina · 1903
  5. Smith v. Richmond & Danville RailroadSupreme Court of North Carolina · 1888

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

3Cited by23 opinions

  1. Wagoner v. North Carolina RailroadSupreme Court of North Carolina · 1953
  2. Bailey v. North Carolina R. R.Supreme Court of North Carolina · 1908
  3. Brigman v. . Construction Co.Supreme Court of North Carolina · 1926
  4. Sinram v. Pennsylvania R. Co.Court of Appeals for the Second Circuit · 1932
  5. Garland v. Boston & Maine RailroadSupreme Court of New Hampshire · 1913

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

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