Legal Opinion

Clark v. Wilmington & Weldon Railroad

Supreme Court of North Carolina

Decided October 5, 1884PublishedCited by 9 opinions

Civil Action for damages tried at Spring Term, 1884, of Halifax Superior Court, before Avery, J. The plaintiff sues to recover damages for ejection from defendant’s passenger car. On the 14th of June, 1883, the plaintiff got on the defendant’s train at Whitaker’s depot to be carried to Battle-boro depot, about four miles distant.

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Civil Action for damages tried at Spring Term, 1884, of Halifax Superior Court, before Avery, J. The plaintiff sues to recover damages for ejection from defendant’s passenger car. On the 14th of June, 1883, the plaintiff got on the defendant’s train at Whitaker’s depot to be carried to Battle-boro depot, about four miles distant. The fare between these stations was twenty-five cents, and when about half way between them, the plaintiff was ejected from the car by the conductor. It was in evidence that before the train reached Whitaker’s the plaintiff applied to one Powell for money to pay his…

1Opinion of the Court

The plaintiff sues to recover damages for ejection from defendant's passenger car.

On the 14th of June, 1883, the plaintiff got on the defendant's train at Whitaker's depot to be carried to Battleboro depot, about four miles distant. The fare between these stations was twenty-five cents, and when about half way between them, the plaintiff was ejected from the car by the conductor.

It was in evidence that before the train reached Whitaker's the plaintiff applied to one Powell for money to pay his fare, and Powell told him he would pay it on the train; and just before the train reached the depot…

2Cases cited1 opinion

  1. Maples v. New York & New Haven RailroadSupreme Court of Connecticut · 1871

3Cited by9 opinions

  1. Roseman v. Carolina Central RailroadSupreme Court of North Carolina · 1893
  2. Gates v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1907
  3. Gulf, Colorado & Santa Fe Railway Co. v. BunnCourt of Appeals of Texas · 1906
  4. Baltimore & Ohio Railroad v. NorrisIndiana Court of Appeals · 1897
  5. Anderson v. L. & N. R. R.Court of Appeals of Kentucky · 1909

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