Owens v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
ActioN tried before MVébb, J., at December Term, 1907, of Anson. Tbe defendant demurred to the complaint ore tenus and moved to dismiss i't because it fails to state a cause of action. The court sustained the demurrer and dismissed the action, from which judgment the plaintiff appealed. The facts are stated in the opinion. '
1Opinion of the CourtBrown, J.
The plaintiff alleges in the complaint that on 19 October, 1900, he was a passenger on defendant’s train en route from Cheraw to McEarlan, a station on defendant’s road, at which said train was scheduled to stop; that he tendered his fare to the conductor, who refused to receive it and informed plaintiff that be conld not stop at McEarlan in consequence of certain orders received, but that be would carry plaintiff to Wadesboro and bring bim back to McFar-lan without extra charge, and that the conductor did not accept at any time the fare tendered; that plaintiff again told the conductor that…
2Cases cited2 opinions
- Johnson v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1902
- Morrow v. Atlanta & Charlotte Air Line Railway Co.Supreme Court of North Carolina · 1903
3Cited by5 opinions
- Baker v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1909
- Nagel v. ThompsonMissouri Court of Appeals · 1943
- Carter v. . R. R.Supreme Court of North Carolina · 1914
- Carter v. Seaboard Air Line RailroadSupreme Court of North Carolina · 1914
- Owens v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910