Legal Opinion

Elliott v. Norfolk Southern Railway Co.

Supreme Court of North Carolina

Decided September 16, 1914PublishedCited by 7 opinions

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

  1. State v. Parker.Supreme Court of North Carolina · 1903

3Cited by7 opinions

  1. State v. . SteeleSupreme Court of North Carolina · 1925
  2. Kimberly v. . HowlandSupreme Court of North Carolina · 1906
  3. State v. SteeleSupreme Court of North Carolina · 1925
  4. Perry v. Branning Manufacturing Co.Supreme Court of North Carolina · 1918
  5. Winborne Guano Co. v. Plymouth Mercantile Co.Supreme Court of North Carolina · 1915

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