Leak v. Carolina Central Railroad
Supreme Court of North Carolina
Civil ActioN for damages for personal injuries sustained by alleged negligence of defendant, tried before Greene, J., at March Term, 1898, of MeckleNbueg Superior Court.
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Civil ActioN for damages for personal injuries sustained by alleged negligence of defendant, tried before Greene, J., at March Term, 1898, of MeckleNbueg Superior Court. The complaint alleged that the plaintiff was a car coupler and switchman in the service of the defendant on September 10, 1896, and was instructed by the engineer in charge of the switch engine, under whose orders he was, to open a switch connecting two tracks in the yard of the passenger depot, in Charlotte, for the purpose of tailing certain cars from the main track to a side track, and that be was also instructed by bim to…
1Opinion of the CourtDouglas, J.
Tbe plaintiff was a brakeman and switch-man, and bis contention is tbat, in attempting in tbe discharge of bis duties to get on tbe car while in slow motion, tbe “stirrup” under tbe corner of the car, provided for bis use, was defective, and when be put bis foot upon it, gave way, precipitating him on tbe rail whereby bis foot was crushed by the car wheel. Tbe Court properly instructed tbe jury tbat tbe fact tbat tbis was a “foreign” car (i. e. a car belonging on another road) was no defence, for it was tbe defendant’s duty to have such car as well as its own inspected before using it for…
2Cases cited2 opinions
- Mason v. Richmond & Danville RailroadSupreme Court of North Carolina · 1892
- Johnson v. Richmond & Danville RailroadSupreme Court of North Carolina · 1879
3Cited by11 opinions
- Ridge v. Norfolk Southern RailroadSupreme Court of North Carolina · 1914
- Cotton v. North Carolina R. R. Co.Supreme Court of North Carolina · 1908
- Terrell v. City of WashingtonSupreme Court of North Carolina · 1912
- Terrell v. . WashingtonSupreme Court of North Carolina · 1912
- Deligny v. Tate Furniture Co.Supreme Court of North Carolina · 1915
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