Pleasants v. Raleigh & Augusta Air Line Railroad
Supreme Court of North Carolina
Civil -action for damages tried before Adams, J., and a jury, at April Term, 1897, of Wake Superior Court. There was a verdict for the plaintiff for $10,375.00 which the defendant moved to have set aside on the ground of excessive damages. The motion was refused and from the judgment rendered on the verdict the defendant appealed, assigning as error the instructions to the jury.
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Civil -action for damages tried before Adams, J., and a jury, at April Term, 1897, of Wake Superior Court. There was a verdict for the plaintiff for $10,375.00 which the defendant moved to have set aside on the ground of excessive damages. The motion was refused and from the judgment rendered on the verdict the defendant appealed, assigning as error the instructions to the jury. The facts upon which the action was based and which appeared on the trial, are set out in the opinion.
1Opinion of the Court
On 30 January, 1896, the plaintiff and one Dunn were both in the employ of the defendant — the plaintiff as locomotive engineer on a freight train and Dunn as conductor of a freight train. On that day the plaintiff was operating a train running from Monroe, north to Raleigh, and Dunn was running his train from Raleigh, south. These trains should have passed each other at a station on the defendant's road called Manly, but, by the fault and negligence of Dunn, the plaintiff's train ran into Dunn's train and the plaintiff was badly (494) injured. There were side tracks at Manly, and when…
2Cases cited13 opinions
- Warner v. . Erie Railway Co.New York Court of Appeals · 1868
- Columbus & Indianapolis Central Railway Co. v. ArnoldIndiana Supreme Court · 1869
- Mason v. Richmond & Danville RailroadSupreme Court of North Carolina · 1892
- Rittenhouse v. Wilmington Street-Railway Co.Supreme Court of North Carolina · 1897
- Keith v. New Haven & Northampton Co.Massachusetts Supreme Judicial Court · 1885
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3Cited by9 opinions
- Hancock v. Norfolk & Western Railway Co.Supreme Court of North Carolina · 1899
- Still v. San Francisco & Northwestern Railway Co.California Supreme Court · 1908
- Wright v. Northampton & Hertford RailroadSupreme Court of North Carolina · 1898
- Wright v. Southern Railway Co.Supreme Court of North Carolina · 1898
- Johnson v. Southern Railway Co.Supreme Court of North Carolina · 1898
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