Wallace v. Norfolk Southern Railroad
Supreme Court of North Carolina
Civil actioN, tried before Daniels, J., at February Term, 1917, of' BEAUFORT. This is an action to recover damages for personal injury, caused, as the plaintiff alleges, by the negligence of the defendant, in that, while getting on the train at Pinetown as a passenger, the defendant negligently caused its train to move suddenly and with a violent jerk, which caused him to fall and to be seriously injured.
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Civil actioN, tried before Daniels, J., at February Term, 1917, of' BEAUFORT. This is an action to recover damages for personal injury, caused, as the plaintiff alleges, by the negligence of the defendant, in that, while getting on the train at Pinetown as a passenger, the defendant negligently caused its train to move suddenly and with a violent jerk, which caused him to fall and to be seriously injured. The defendant denies negligence, and contends that the plaintiff was-not a passenger at the'time of his injury, and that he was injured by his-own contributory negligence, in tbat be was…
1Opinion of the Court
Allen, J.,
after stating the case: There is authority for the position presented by the defendant in the first prayer for instruction (S. v. Grand Trunk Ry. Co., 58 Me., 176; De Kay v. R. R., 41 Minn., 178); but the better rule, and one supported by the weight of authority, is that a passenger does not lose his rights as such by leaving the train temporarily at an intermediate station for a lawful purpose. 10 C. J., 624; 4 R. C. L., 1040; R. R. v. Satler, 64 Neb., 636; Dodge v. R. R., 148 Mass., 207; Parsons v. R. R., 113 N. Y., 355; R. R. v. Coggins, 32 C. C. A., 1, and other authorities in…
2Cases cited5 opinions
- Dodge v. Boston & Bangor Steamship Co.Massachusetts Supreme Judicial Court · 1889
- Parsons v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1889
- Alabama G. S. Ry. Co. v. CogginsCourt of Appeals for the Sixth Circuit · 1898
- Chicago, Rock Island & Pacific Railway Co. v. SattlerNebraska Supreme Court · 1902
- De Kay v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1889
3Cited by7 opinions
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- Southwestern Motor Carriers, Inc. v. NashSupreme Court of Oklahoma · 1945
- Livingston v. Seaboard Air Line R.District Court, E.D. South Carolina · 1952
- Wilson v. . Bus LinesSupreme Court of North Carolina · 1940
- Wilson v. Pan-American Bus Lines, Inc.Supreme Court of North Carolina · 1940
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