Legal Opinion

Thomas v. Southern Railway Co.

Supreme Court of North Carolina

Decided May 24, 1898PublishedCited by 5 opinions

Civil action for damages tried at July, 1897, Special Term of Buncombe Superior Court before Timberlahe, J., and a jury. The facts appear in the opinion. His Honor instructed the jury that the plaintiff was entitled to only actual damages to which the plaintiff excepted.

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Civil action for damages tried at July, 1897, Special Term of Buncombe Superior Court before Timberlahe, J., and a jury. The facts appear in the opinion. His Honor instructed the jury that the plaintiff was entitled to only actual damages to which the plaintiff excepted. The jury awarded damages to the amount of seventy-five cents and from the judgment rendered the plaintiff appealed, assigning as error the refusal of his Honor to instruct the jury that he was entitled to punitive damages.

1Opinion of the Court

Clark, J.:

When the plaintiff presented himself at the flag station, a reasonable time before the arrival of the train, for the purpose of procuring passage, and, by reason of the absence of the agent and the failure of the engineer to see the plaintiff’s signal, the train did not stop for him, he was entitled to the actual damages sustained (Code, Section 1963) which were shown to be 75 cents, and the jury under the instruction of the Court found a verdict for that sum.

If the engineer had seen the plaintiff’s signal and had nin by without stopping, 'this would have been a wilful and…

2Cases cited4 opinions

  1. New Orleans, Jackson, & Great Northern Railroad v. HurstMississippi Supreme Court · 1859
  2. Purcell v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
  3. Hansley v. . R. R.Supreme Court of North Carolina · 1895
  4. Wilson v. New Orleans & Northeastern R. R.Mississippi Supreme Court · 1885

3Cited by5 opinions

  1. Williams v. Carolina & Western RailroadSupreme Court of North Carolina · 1907
  2. Southern Railway Co. v. WallisSupreme Court of Georgia · 1909
  3. Burles v. Oregon Short Line R. R.Montana Supreme Court · 1914
  4. Ussery v. Augusta-Aiken Ry. Co.Supreme Court of South Carolina · 1908
  5. Stewart v. Cary Lumber Co.Supreme Court of North Carolina · 1907

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