Britt v. Carolina & Northern Railroad
Supreme Court of North Carolina
Civil actior, tried before Council, J., and a jury, at December Term, 1906, of tbe Superior Court of Robeson County. The plaintiff sues the defendant company, in the hands of a receiver, for damages for injuries alleged to have been sustained while in its employment, by reason of defective ways, furnished in discharge of his duty, and negligence of its employees.
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Civil actior, tried before Council, J., and a jury, at December Term, 1906, of tbe Superior Court of Robeson County. The plaintiff sues the defendant company, in the hands of a receiver, for damages for injuries alleged to have been sustained while in its employment, by reason of defective ways, furnished in discharge of his duty, and negligence of its employees. The defendant was at the time of the injury a corporation operating a railroad between Lumberton, N. C., and Marion, S. 0. Prior to the time of the injury defendant’s property had, by order of the Circuit Court of the United States,…
1Opinion of the CourtConnor, J.
The plaintiff’s appeal calls into question his Honor’s opinion that there was no evidence fit to be submitted tp the jury upon which a finding could be predicated in his favor. The first proposition which plaintiff must make good is that at the timé of tire injury he was in the employment of the defendant. If he has failed in producing evidence proper to go to the jury tending to sustain this position he must fail in his action. In this regard the testimony, which for this turn we must take to be true, is that both the defendant railroad company and the Southern Saw Mill Lumber Company, a…
2Cases cited11 opinions
- Northern Pacific Railroad v. PetersonSupreme Court of the United States · 1896
- Aycock v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1883
- Harton v. . Telephone Co.Supreme Court of North Carolina · 1906
- Moore v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Logan v. North Carolina RailroadSupreme Court of North Carolina · 1895
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Britt v. Carolina Northern RailroadSupreme Court of North Carolina · 1908
- Logan v. . R. R.Supreme Court of North Carolina · 1895
- Deligny v. Tate Furniture Co.Supreme Court of North Carolina · 1915
- Raulf v. Elizabeth City Light & Power Co.Supreme Court of North Carolina · 1918
- Troxler v. . R. R.Supreme Court of North Carolina · 1899
2 more not listed; retrieve them via the Exa API.