Lambeth v. North Carolina Rail Road
Supreme Court of North Carolina
This was a civil action tried before His Honor Judge Tour-gee and a jury, at Fall Term, 1871, of Guilford Superior Court. The plaintiff complained for tbe negligent killing of his intestate by tbe defendant, a common carrier.
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This was a civil action tried before His Honor Judge Tour-gee and a jury, at Fall Term, 1871, of Guilford Superior Court. The plaintiff complained for tbe negligent killing of his intestate by tbe defendant, a common carrier. It was in evidence on behalf of the plaintiff, that at the time the injury was received resulting in the death of J. S. Erown, his intestate, the latter was a passenger on the train of the defendant from Greensboro’ to Grabara station, and tbe injury was received, at Graham under tbe following circumstances : One Anthony testified that he and the intestate of the…
1Opinion of the CourtDirac, J.
The intestate of the plaintiff was a passenger under the charge of the agents of the defendant, and he was killed in . getting off the train. The policy of the law which is ever solicitous for the protection of human life, requires common-car•riers, who have charge of the safety of passengers to use a high -degree of care to guard against probable injury. As the intes*499tate was a passenger on the train it was the duty of the defendant to transport and place him saiely at his point of destination.
If the injury sustained was caused by a want of proper care on the part of the agents of the…
2Cited by2 opinions
- St. Louis, I. M. & S. R. R. v. CantrellSupreme Court of Arkansas · 1881
- Waterbury v. New York C. & H. R. R. Co.U.S. Circuit Court for the District of Northern New York · 1883