Biles v. Railroad
Supreme Court of North Carolina
ActioN by David Biles against Seaboard Air Line Railway Company, heard by Judge Fred Moore and a jury, at the February Term, 1906, of the Superior Court of AnsoN. Tbe three ordinary issues in actions of this character were submitted. • There was verdict and judgment for plaintiff, and defendant excepted and appealed.
1ConcurrenceWalKbb, J.
I concur in tbe conclusion of tbe Court, and also in tbe opinion, except as to the application of tbe doctrines of assumption of risk and contributory negligence and tbe true construction of tbe Act of 1897. When an employee enters into tbe service of bis employer, be assumes all of tbe ordinary risks of tbe master’s business when carefully conducted, and be does not assume any risks arising o-ut of tbe employer’s negligence. When tbe employer is once convicted of negligence which proximately caused injury to bis employee, be is liable for tbe consequential damages, and cannot relieve himself…
2Cases cited7 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
- Wabash Railway Co. v. McDanielsSupreme Court of the United States · 1883
- Elmore v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1903
- Thomas v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1901
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