Ponton v. Wilmington & Weldon R. Road
Supreme Court of North Carolina
Action on the case, tried before Ellis, Judge, at the last Spring Term of Halifax Superior Court. The action was brought for the negligence of one of the servants of the company in permitting a switch to be out of place, whereby a collision took place between two trains, which caused the injury and death of the plaintiff’s slave. The injury took place at a place called Joyner’s station.
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Action on the case, tried before Ellis, Judge, at the last Spring Term of Halifax Superior Court. The action was brought for the negligence of one of the servants of the company in permitting a switch to be out of place, whereby a collision took place between two trains, which caused the injury and death of the plaintiff’s slave. The injury took place at a place called Joyner’s station. A. freight train, in the night time, had passed from the main track upon the turnout, without readjusting the switches, in consequence of which, the next passenger train took the turnout and ran in upon the…
1Opinion of the CourtRuffik, J.
The question, in this case, is not new to the profession, though it is raised now, for the first time, in the courts of this State. It is, indeed, of recent occurrence any where, and owes its origin, or rather prevalence, probably, to the great number of servants needed and employed on the steamboats and railroads, which, have come so much into use in our times, and on which so many casualties or injuries from negligence happen. The leading case upon the subject, is that of Priestly v. Fowler, 3 Mees, and Wells, page 1; in which, after an advisari, the opinion of the Court of Exchequer was…
2Cited by6 opinions
- Rittenhouse v. Wilmington Street-Railway Co.Supreme Court of North Carolina · 1897
- Hancock v. Norfolk & Western Railway Co.Supreme Court of North Carolina · 1899
- Pleasants v. Raleigh & Augusta Air Line RailroadSupreme Court of North Carolina · 1897
- Haskins v. . RoysterSupreme Court of North Carolina · 1874
- Jones v. . GlassSupreme Court of North Carolina · 1852
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