Peterson v. Railroad
Supreme Court of North Carolina
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.
Read the full summary
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
- Tillett v. Norfolk & Western R. R.Supreme Court of North Carolina · 1896
- Quantz v. RailroadSupreme Court of North Carolina · 1904
- Nance v. Carolina Central RailroadSupreme Court of North Carolina · 1886
- Denny v. North Carolina RailroadSupreme Court of North Carolina · 1903
- Smith v. Richmond & Danville RailroadSupreme Court of North Carolina · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Wagoner v. North Carolina RailroadSupreme Court of North Carolina · 1953
- Bailey v. North Carolina R. R.Supreme Court of North Carolina · 1908
- Brigman v. . Construction Co.Supreme Court of North Carolina · 1926
- Sinram v. Pennsylvania R. Co.Court of Appeals for the Second Circuit · 1932
- Garland v. Boston & Maine RailroadSupreme Court of New Hampshire · 1913
18 more not listed; retrieve them via the Exa API.