Elliott v. Norfolk Southern Railway Co.
Supreme Court of North Carolina
Appeal by defendant from Ferguson, J., at January Term, 1914, of PERQUIMANS. This is a civil action, tried upon these issues: 1. "Was the plaintiff injured by the negligence of defendant, as alleged in the complaint ? Answer: Yes. 2. Didithe plaintiff, by her own negligence, contribute to her said injury? Answer: No. 3. What actual damage, if any, is plaintiff entitled to recover ? Answer: $300. From the judgment rendered the defendant appealed.
1Opinion of the CourtBrown, J.
It is in evidence that on 11 February, 1914, about 11 p. m., the plaintiff purchased a ticket at Elizabeth City for Winfall and took a seat in the defendant’s train passing through Elizabeth City for Winfall and the south that night. It appears that Winfall was a flag station, but the plaintiff had no knowledge that it was; she had frequently .ridden on this night train from Elizabeth City to Winfall, and the conductor had always taken up her ticket before reaching Winfall; the train had always stopped there for her to alight.
The plaintiff further testified that the train made no stop at…
2Cases cited1 opinion
- State v. Parker.Supreme Court of North Carolina · 1903
3Cited by7 opinions
- State v. . SteeleSupreme Court of North Carolina · 1925
- Kimberly v. . HowlandSupreme Court of North Carolina · 1906
- State v. SteeleSupreme Court of North Carolina · 1925
- Perry v. Branning Manufacturing Co.Supreme Court of North Carolina · 1918
- Winborne Guano Co. v. Plymouth Mercantile Co.Supreme Court of North Carolina · 1915
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