M'Neill v. Durham & Charlotte Railroad
Supreme Court of North Carolina
ActioN by W. H. McNeill against the Durham & Charlotte Railroad Company, heard by Judge O. H. Allen and a jury, at January Term, 1903, of the Superior Court of Moobe County. From a judgment for the plaintiff the defendant appealed.
1Opinion of the CourtClark, C. J.
This is an action of tort arising out of contract for personal injuries alleged to have been received by the plaintiff 6 April, 1900, by negligence of the defendant while travelling on its road. The complaint avers that the plaintiff was a passenger on said railroad under a contract by it to carry the plaintiff for a valuable consideration. The defendant in its answer among other things avers that the plaintiff was a “trespasser on its train having tendered to defendant no ticket, money or compensation whatever for its fare, only a free pass which had expired 1 January previously by its own…
2Cases cited9 opinions
- Cook v. Southern Railway Co.Supreme Court of North Carolina · 1901
- State v. Southern Railway Co.Supreme Court of North Carolina · 1898
- Martin v. WallaceSupreme Court of Georgia · 1869
- Redd v. Muscogee RailroadSupreme Court of Georgia · 1873
- Muscogee Railroad v. ReddSupreme Court of Georgia · 1875
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3Cited by2 opinions
- Lloyd v. North Carolina RailroadSupreme Court of North Carolina · 1909
- Kentucky Traction & Terminal Co. v. MurrayCourt of Appeals of Kentucky · 1917