Hipps v. Southern Railway Co.
Supreme Court of North Carolina
Appeal by defendant from Harding, Jat the January Term, 1919, of CaBARRTTS. This action was brought by the plaintiffs to recover damages alleged to have been suffered by the feme plaintiff on account of the negligence of the defendant in failing to have its waiting room at Wellford properly heated.
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Appeal by defendant from Harding, Jat the January Term, 1919, of CaBARRTTS. This action was brought by the plaintiffs to recover damages alleged to have been suffered by the feme plaintiff on account of the negligence of the defendant in failing to have its waiting room at Wellford properly heated. On 19 January, 1916, after having spent some weeks visiting relatives near Wellford, S. C., the feme plaintiff purchased tickets’ of the defendant at Wellford, S. C., for transportation to Concord, N. C. She offered evidence tending to prove that the weather was very cold, that she and her three…
1Opinion of the CourtAlleN, J.
The cause of action arose in the State of South Carolina and it must be tried under the laws prevailing in that jurisdiction (Harrison v. R. R., 168 N. C., 384), but as no evidence was introduced upon this question the presumption is that the common law is in force in that State. Hall v. R. R., 146 N. C., 351; Carriage Co. v. Dowd, 155 N. C., 316.
The principle of the common lawT pertinent to the facts in this record is stated in 10 C. J., 922, as follows: “It is the duty of the carrier to keep the station or waiting room reasonably safe, comfortable, and decent, and a passenger suffering…
2Cases cited4 opinions
- Harrison v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1915
- Lewis v. Norfolk & Western Railway Co.Supreme Court of North Carolina · 1903
- Hall v. Southern Railway Co.Supreme Court of North Carolina · 1907
- Brown Carriage Co. v. DowdSupreme Court of North Carolina · 1911
3Cited by4 opinions
- Howard v. . HowardSupreme Court of North Carolina · 1931
- Wise v. . HollowellSupreme Court of North Carolina · 1933
- Lancaster v. Atlantic Greyhound Corp.Supreme Court of North Carolina · 1941
- Wise v. . HollowellSupreme Court of North Carolina · 1933