Purcell v. Southern Railway Co.
Supreme Court of North Carolina
Civil actioN, for damages, tried at July Term, 1896, of RookiNGham Superior Court, before HoTce, It appeared that plaintiff was a brakeman in defendant’s employ ; that at night he was standing on the rear end of a freight car in a train, preparing to uncouple it from the car behind it; that the train was still, or nearly still, at the time; that the conductor had, without plaintiff’s knowledge, uncoupled the cars; and that, while plaintiff was thus preparing to uncouple the…
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Civil actioN, for damages, tried at July Term, 1896, of RookiNGham Superior Court, before HoTce, It appeared that plaintiff was a brakeman in defendant’s employ ; that at night he was standing on the rear end of a freight car in a train, preparing to uncouple it from the car behind it; that the train was still, or nearly still, at the time; that the conductor had, without plaintiff’s knowledge, uncoupled the cars; and that, while plaintiff was thus preparing to uncouple the cars, the engineer, in response to signals by the conductor, suddenly started the car plaintiff was on, and those in…
1Opinion of the Court
Avery, J.:
The conductor, while in charge of an independent train, was a vice-principal, and his acts were in contemplation of law the acts of the railway company. Mason v. Railway, 111 N. C., 482; Turner v. Lumber Company, at this Term. Strangers are warranted in assuming that the servants of a railway company will discharge their respective duties, and are not negligent in acting on that assumption. Tillett v. Railroad, 118 N. C., *7381031 at p. 1045. The servants themselves have the right to expect and demand that reasonable care be exercised by the company in providing for their…
2Cases cited8 opinions
- Emery v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1889
- Mason v. Richmond & Danville RailroadSupreme Court of North Carolina · 1892
- Tillett v. Norfolk & Western R. R.Supreme Court of North Carolina · 1896
- Chesson v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1896
- Jones v. . ParkerSupreme Court of North Carolina · 1887
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3Cited by2 opinions
- Hull v. LarsonArizona Supreme Court · 1913
- Cummings v. OrtegaSupreme Court of North Carolina · 2011