Legal Opinion

Shaw v. Railroad

Supreme Court of North Carolina

Decided December 11, 1906PublishedCited by 7 opinions

ActioN by Mrs. Bessie Shaw against Seaboard Air Line Railway Company, heard before Judge Henry R. Bryan and a jury, at the March Term, 1906, of the Superior Court of MECKLENBURG.

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ActioN by Mrs. Bessie Shaw against Seaboard Air Line Railway Company, heard before Judge Henry R. Bryan and a jury, at the March Term, 1906, of the Superior Court of MECKLENBURG. This was a civil action for the recovery of damages for injuries sustained by plaintiff as the .result of an alleged fall from the front platform of one of the defendant’s passenger-cars while a passenger thereon on the night of 26 February, 1905, at a point about three-quarters of a mile west of Matthews, N. C., which fall, it is claimed, was caused by the sudden and violent jerking of the train. The Court submitted…

1Opinion of the Court

CLARK, C. J., and HOKE, J., dissenting. This was a civil action for the recovery of damages for injuries sustained by plaintiff as the result of an alleged fall from the front platform of one of the defendant's passenger cars while a passenger thereon on the night of 26 February, 1905, at a point about three-quarters of a mile west of Matthews, N.C. which fall, it is claimed, was caused by the sudden and violent jerking of the train. The Court submitted the usual issues of negligence, contributory negligence and damage. The jury found the issues for the plaintiff and assessed her damages.…

2Cases cited6 opinions

  1. Alabama Great Soiitliern Railroad v. HawkSupreme Court of Alabama · 1882
  2. Mitchell v. Chicago & Grand Trunk Railway Co.Michigan Supreme Court · 1883
  3. Denny v. North Carolina RailroadSupreme Court of North Carolina · 1903
  4. East Tennessee, Virginia & Georgia Railway v. HolmeSupreme Court of Alabama · 1892
  5. Donnersberger v. PrendergastIllinois Supreme Court · 1889

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Smith Ex Rel. Smith v. North Carolina RailroadSupreme Court of North Carolina · 1908
  2. Wagner v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1908
  3. Darden v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1907
  4. Thorp v. Durham Traction Co.Supreme Court of North Carolina · 1912
  5. McJimpsey v. Southern Ry.-Carolina DivisionSupreme Court of South Carolina · 1911

2 more not listed; retrieve them via the Exa API.

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