Johnson v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal by defendant from Horton, J., at January Term, 1922, of WASHINGTON. Plaintiff J. J. Johnson boarded the defendant’s train on 10 July, 1920, at Bowden, N. O., en route to Norfolk, Ya., having purchased a ticket at Bowden to Rocky Mount. He was ejected from the train by the conductor at Dudley, N. C., for failure to produce his ticket.
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Appeal by defendant from Horton, J., at January Term, 1922, of WASHINGTON. Plaintiff J. J. Johnson boarded the defendant’s train on 10 July, 1920, at Bowden, N. O., en route to Norfolk, Ya., having purchased a ticket at Bowden to Rocky Mount. He was ejected from the train by the conductor at Dudley, N. C., for failure to produce his ticket. The jury found that the ejection was wrongful, and answered the issue as to compensatory damages $1,000. Exceptions 1, 2, 8, 4, 5, 6, 7, 8, and 9 are taken to the admission of certain evidence showing that the plaintiff had a logging contract with the…
1Opinion of the Court
Walker, J.,
after stating tbe material- facts: We are of tbe opinion tbat tbe learned judge erred in tbe instructions to tbe jury which are above stated.
Tbe question as to tbe measure of damages, in cases of this kind, has been much discussed by this Court in several cases, and the law thoroughly settled.
Tbe Court said in Lee v. R. R., 136 N. C., 533, 535 : “It is immaterial whether we treat tbe cause of action as for a breach of contract or for a negligent omission to perform a public duty arising out of a contract of carriage. Tbe damages in either case are confined to such as were…
2Cases cited30 opinions
- Western Union Telegraph Co. v. HallSupreme Court of the United States · 1888
- Byrd v. Express Co.Supreme Court of North Carolina · 1905
- Baldwin v. . the United States Telegraph Co.New York Court of Appeals · 1871
- United States Telegraph Co. v. GildersleveCourt of Appeals of Maryland · 1868
- Candee v. Western Union Telegraph Co.Wisconsin Supreme Court · 1874
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