Legal Opinion

Mason v. Seaboard Air Line Railway Co.

Supreme Court of North Carolina

Decided May 28, 1912PublishedCited by 4 opinions

Appeal 'from Adams, J., at October Term, 1911, of Meck-LENBURG. Civil action to recover damages for an alleged unlawful ejection of plaintiff from passenger train of the defendant. This issue was submitted to the jury: "Was the plaintiff a passenger on the defendant’s train, as alleged in the complaint? Answer: No. There was a judgment for the defendant. The plaintiff excepted and appealed.

1Opinion of the CourtBrown, J.

The question presented by tbis appeal and raised by the several assignments of error is whether the plaintiff was a passenger upon the defendant’s train and unlawfully ejected. It is admitted that he was ejected'by the conductor under direct ord ;rs from the authorities of the defendant, and it is not contended that there is any evidence that the said ejection was accompanied with undue force. There is no evidence of rudeness, insult, or other unnecessary force used in expelling the plaintiff from the train. The facts are practically undisputed.

The plaintiff purchased of the defendant a…

2Cases cited20 opinions

  1. Mosher v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of the United States · 1888
  2. Boylan v. Hot Springs RailroadSupreme Court of the United States · 1889
  3. Boling v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1905
  4. Harvey v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910
  5. Southern Railway Co. v. BarlowSupreme Court of Georgia · 1898

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3Cited by4 opinions

  1. Cobb v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1916
  2. Railroad Commission v. Louisville & Nashville RailroadSupreme Court of Georgia · 1913
  3. Huff v. Norfolk Southern RailroadSupreme Court of North Carolina · 1916
  4. Railroad Commission v. Louisville & Nashville RailroadSupreme Court of Georgia · 1913

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