Garrett v. Southern Railway Co.
Supreme Court of North Carolina
Two actions in tbe Superior Court of BuNcombe County, one by Lyda Garrett, plaintiff, and one by her daughter, Pauline, as plaintiff, were instituted in tbe Superior Court of Buncombe County to recover damages for a personal injury, against the Southern Bailway Company and tbe Pullman Company, and were duly consolidated by consent and tried at May Term, 1916, Harding, J., presiding, upon these issues: 1. Was tbe Southern Pailway Company engaged in operating tbe train which…
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Two actions in tbe Superior Court of BuNcombe County, one by Lyda Garrett, plaintiff, and one by her daughter, Pauline, as plaintiff, were instituted in tbe Superior Court of Buncombe County to recover damages for a personal injury, against the Southern Bailway Company and tbe Pullman Company, and were duly consolidated by consent and tried at May Term, 1916, Harding, J., presiding, upon these issues: 1. Was tbe Southern Pailway Company engaged in operating tbe train which tbe plaintiff was about to board at Lexington, Ky., on tbe night of July 6, 1915, as alleged in tbe complaint? Answer:…
1Opinion of the CourtBitowN, J.
The plaintiffs sue to recover damages for negligence' upon tbe part of the defendant in failing to protect them from assault committed by a negro in the railway station at Lexington, Ky., while tbe defendant was a passenger upon the Southern Railway and in tbe care and .custody of the Pullman Company. At tbe conclusion of tbe evidence the defendant moved to nonsuit and excepted to tbe ruling of the court overruling tbe motion. The evidence, taken in its most favorable light for the plaintiff, tends to prove that plaintiffs had purchased tickets on tbe Pullman from Lexington to Asheville,…
2Cases cited2 opinions
- Connell's Ex'ors v. Chesapeake & Ohio Ry. Co.Supreme Court of Virginia · 1896
- Lemon v. Pullman Palace Car Co.U.S. Circuit Court for the District of Southern Mississippi · 1887