Lassiter v. Seaboard Air Line Railway
Supreme Court of North Carolina
ActioN tried before Webb, J., and a jury, at November Term, 1908, of Chatham. Action for personal'injury, alleged to have been sustained by reason of defendant’s negligence.
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ActioN tried before Webb, J., and a jury, at November Term, 1908, of Chatham. Action for personal'injury, alleged to have been sustained by reason of defendant’s negligence. The evidence tended to show that-plaintiff was, by direction of defendant’s superintendent or road master, engaged, with other employees, in unloading iron rails from a flat car; that the rails were laid upon the car in the usual way, and that upon either side of the car “fish bars,” or “angle plates,” about eighteen inches long,*were used as standards. They were put in the “stirrups,” or “cuffs,” on the side of the ear,…
1Opinion of the Court
Connor, J.,
after stating the case: The defendant lodged several exceptions to his Honor’s refusal to give special instructions, and to the instructions given, but error is assigned only for the refusal to nonsuit and, what is equivalent, to instruct the jury that the injury sustained by plaintiff was the result of an accident. The uncontradicted evidence is that the rails weré-loaded in the usual way, and that the “fish bars” were suitable and usually used for standards. ' His Honor instructed the jury that there was no evidence that the cars were not properly loaded or that there were not a…
2Cases cited4 opinions
- Martin v. Highland Park Mfg. Co.Supreme Court of North Carolina · 1901
- Keck v. American Telephone & Telegraph Co.Supreme Court of North Carolina · 1902
- Alexander v. . Mfg. Co.Supreme Court of North Carolina · 1903
- Frazier v. Wilkes.Supreme Court of North Carolina · 1903
3Cited by9 opinions
- Simpson v. Southern Railway Co.Supreme Court of North Carolina · 1910
- Dunn v. . R. R.Supreme Court of North Carolina · 1909
- Morris v. Carolina, Clinchfield & Ohio RailroadSupreme Court of North Carolina · 1916
- Lloyd v. . R. R.Supreme Court of North Carolina · 1915
- Alexander v. . Mfg. Co.Supreme Court of North Carolina · 1903
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