Mills v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Civil action tried before Devin, J., and a ¡jury, at July Term, 1916, of Onslow. The action, by a passenger on defendant’s train in August, 1916, was to recover damages of defendant company for failure to exercise proper care in protecting plaintiff from an assault and battery by another passenger, George "Wooten. On denial of liability, there was verdict for plaintiff, and defendant excepted and appealed.
1Opinion of the CourtHoKe, J.
Eailroad companies, in the exercise of their franchise as common carriers of passengers, are held to- a high degree of care in looking after the safety of passengers upon their trains. In furtherance of this obligation their conductors and station agents are constituted, by the State statutes, special policemen to enable them the better to perform their duty, and the company is responsible for assaults and actionable wrongs committed upon them by other passengers or third persons which could have been 'pnmdecl against or prevented by the utmost vigilance and foresight. Stanley v. R. R., 160…
2Cases cited5 opinions
- Kuhlen v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Carpenter v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1891
- Pruett v. Southern Railway Co.Supreme Court of North Carolina · 1913
- Stanley v. Southern Railway Co.Supreme Court of North Carolina · 1912
- Burnes Estate v. PorterMissouri Court of Appeals · 1899
3Cited by10 opinions
- White v. . ChappellSupreme Court of North Carolina · 1941
- Chancey v. Norfolk & Western Railway Co.Supreme Court of North Carolina · 1917
- Wesley v. Greyhound Lines, Inc.Court of Appeals of North Carolina · 1980
- Smith v. Camel City Cab Co.Supreme Court of North Carolina · 1947
- Pride v. Piedmont & Northern Railway Co.Supreme Court of North Carolina · 1918
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