Brittain v. Southern Railway Co.
Supreme Court of North Carolina
Appeal by defendant from Long, J., at June Term, 1914, of Burke. Action for the recovery of damages for personal injury.
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Appeal by defendant from Long, J., at June Term, 1914, of Burke. Action for the recovery of damages for personal injury. It appeared on the trial that the plaintiff was not in the employ .of the defendant at the time of his injury, but he testified that some of the train crew in charge of a local freight train, moving east from Biltmore, had agreed that he might work his way to his home at Morganton if he would aid in loading and unloading freight while en route from Biltmore to Mor-ganton, and that pursuant to this agreement he was helping two other hands to unload a barrel of coca-cola from…
1Opinion of the CourtAlleN, J.
Negligence being eliminated by the answer to the first issue, the question raised by the motion to nonsuit and by the exceptions to the refusal to instruct the jury as requested is whether there is any evidence to support the finding on the third issue, that the plaintiff was injured by the reckless and willful acts and conduct of defendant’s brakeman.
If the brakeman shoved the barrel of coca-cola on the plaintiff willfully and recklessly and injured him, he is guilty of a violation of the criminal law, and the words used in tbe issue have the same import and should receive the same…
2Cases cited2 opinions
- State v. . WhitenerSupreme Court of North Carolina · 1885
- State v. MorganSupreme Court of North Carolina · 1904
3Cited by4 opinions
- Ballew v. Asheville & East Tennessee RailroadSupreme Court of North Carolina · 1923
- West v. . WestSupreme Court of North Carolina · 1930
- State v. . DickensSupreme Court of North Carolina · 1939
- State v. DickensSupreme Court of North Carolina · 1939