Blaylock v. Southern Railway Co.
Supreme Court of North Carolina
Appeal by defendant from Stacy, J., at August Term, 1919, of ALAMANCE. Tbis is an action to recover damages for wrongfully ejecting tbe plaintiff from tbe train of tbe defendant at Greensboro. Tbe plaintiff alleges tbat on 22 December, 1917, sbe went to tbe station of defendant in Graham, accompanied by two children, one two, and one ten years of age, to go to Terra Cotta on a visit.
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Appeal by defendant from Stacy, J., at August Term, 1919, of ALAMANCE. Tbis is an action to recover damages for wrongfully ejecting tbe plaintiff from tbe train of tbe defendant at Greensboro. Tbe plaintiff alleges tbat on 22 December, 1917, sbe went to tbe station of defendant in Graham, accompanied by two children, one two, and one ten years of age, to go to Terra Cotta on a visit. Tbat sbe bought one whole and one half ticket, and upon inquiry was informed by tbe agent tbat tbe train sbe was taking went by Terra Cotta and stopped there. Tbat sbe got on tbe train, and when tbe conductor…
1Opinion of the CourtAileN, J.
Under the authorities in this State it is the duty of a common carrier, receiving a passenger on its trains with a ticket calling for a certain station, and without notice that the train does not stop at that station, to stop the train at the station and permit the passenger to alight. It was so held in Hutchinson v. R. R., 140 N. C., 126, which has been affirmed frequently, notably, in Elliott v. R. R., 166 N. C., 483, in which Brown, J., says: “It is the settled law of this State that where a common carrier receives a passenger upon its train, with a ticket .calling for a certain station,…
2Cases cited12 opinions
- Insurance Co. v. RailroadSupreme Court of North Carolina · 1905
- Brewster v. Elizabeth City.Supreme Court of North Carolina · 1905
- Hutchinson v. RailroadSupreme Court of North Carolina · 1905
- Young v. Western Union Telegraph Co.Supreme Court of North Carolina · 1915
- Elliott v. Norfolk Southern Railway Co.Supreme Court of North Carolina · 1914
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3Cited by2 opinions
- Ramsbottom v. . RailroadSupreme Court of North Carolina · 1905
- Dorsett v. . DorsettSupreme Court of North Carolina · 1922