Sultan v. Pennsylvania Railroad
Supreme Court of North Carolina
Appeal by defendant from Allen, J., at February Term, 1918, of CRAVEN. These two actions, consolidated and tried together, by consent, were brought against the Pennsylvania Railroad and the Pullman Company by Nita Williams and Jennie Sultan to recover damages because of failure to provide each of the plaintiffs a berth on a Pullman car from Washington, D. C., to Goldsboro, N. 0. The evidence for the plaintiffs tended to prove that they were in Baltimore on business on 16…
Read the full summary
Appeal by defendant from Allen, J., at February Term, 1918, of CRAVEN. These two actions, consolidated and tried together, by consent, were brought against the Pennsylvania Railroad and the Pullman Company by Nita Williams and Jennie Sultan to recover damages because of failure to provide each of the plaintiffs a berth on a Pullman car from Washington, D. C., to Goldsboro, N. 0. The evidence for the plaintiffs tended to prove that they were in Baltimore on business on 16 February, 1917, and on that day bought of the agent of the railroad a railroad ticket to New Bern, N. C., to be used on the…
1Opinion of the CourtAlleN, J.
The motion for judgment of nonsuit could not have been allowed, because the evidence of the plaintiffs, unexplained by the evidence of the defendant, shows a failure to furnish berths from Washington-to Goldsboro, as the defendant had agreed to do, which is the cause of action alleged in the complaint, and, “On motion for nonsuit, only the evidence of the plaintiff, and that in the light most favorable to him, can be considered.” Smith v. Electric Co., 173 N. C., 493.
The plaintiffs were, however, impressed by the evidence of the defendant tending to prove that five or six trains left…
2Cases cited4 opinions
- Watkins v. Kaolin Manufacturing Co.Supreme Court of North Carolina · 1902
- McCoy v. Railroad.Supreme Court of North Carolina · 1906
- Smith v. Charlotte Electric RailroadSupreme Court of North Carolina · 1917
- Moss v. North Carolina RailroadSupreme Court of North Carolina · 1898
3Cited by2 opinions
- Smith Builders Supply, Inc. v. DixonSupreme Court of North Carolina · 1957
- Smith v. . CookSupreme Court of North Carolina · 1929