King v. Norfolk-Southern Railroad
Supreme Court of North Carolina
ActioN tried before Stacy, J., and a jury, at May Term, 1918, of "Wake. There were facts in evidence on the part of plaintiff tending to show that on 15 May, 1916, while he was engaged as an employee of defendant company in repairing the drawhead of a caboose on defendant’s yard in the city of Raleigh, said caboose being customarily used and to be used with trains hauling interstate freight, he received painful and serious injuries by the drawhead falling on him, this by…
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ActioN tried before Stacy, J., and a jury, at May Term, 1918, of "Wake. There were facts in evidence on the part of plaintiff tending to show that on 15 May, 1916, while he was engaged as an employee of defendant company in repairing the drawhead of a caboose on defendant’s yard in the city of Raleigh, said caboose being customarily used and to be used with trains hauling interstate freight, he received painful and serious injuries by the drawhead falling on him, this by reason of a defective jack screw, which he was using in the work, negligently furnished him by defendant company or its…
1Opinion of the CourtHoke, J.
The principal exception urged for error was the refusal of the lower court to grant a motion to nonsuit. On the argument before us, it was conceded that there was evidence of negligent default and consequent injury under the Employers’ Liability Act sufficient to carry the case to the jury, and the motion to nonsuit was insisted upon on the ground that in allowing the amendment, which was done on or after 20 May (31 May), a.new cause of action was constituted, to wit, a claim under the Employers’ Liability Act, and this being more than two years after the occurrence, siich action would no…
2Cases cited16 opinions
- Railway Co. v. McCarthySupreme Court of the United States · 1878
- North Carolina Railroad v. ZacharySupreme Court of the United States · 1914
- Missouri, Kansas & Texas Railway Co. v. WulfSupreme Court of the United States · 1913
- Gila Valley, Globe & Northern Railway Co. v. HallSupreme Court of the United States · 1914
- Union Pacific Railway Co. v. WylerSupreme Court of the United States · 1895
11 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Pope v. Kansas City, Mexico & Orient Railway Co.Texas Supreme Court · 1918
- Capps v. . R. R.Supreme Court of North Carolina · 1922
- Hill ex rel. Ray v. Director-General of RailroadsSupreme Court of North Carolina · 1919
- Roy v. Oregon Short Line R. R. Co.Idaho Supreme Court · 1934
- Hill v. . R. R.Supreme Court of North Carolina · 1919
9 more not listed; retrieve them via the Exa API.