Ware v. Southern Railway Co.
Supreme Court of North Carolina
Appeal by defendant from Harding, J., at tbe November Term, 1917, of Guilpobd. Tbis is an action to recover damages for personal injury. Tbe plaintiff was a section band in tbe employment of tbe defendant, and was engaged in working upon tbe section near Higb Point under Foreman T. W. Pierce.
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Appeal by defendant from Harding, J., at tbe November Term, 1917, of Guilpobd. Tbis is an action to recover damages for personal injury. Tbe plaintiff was a section band in tbe employment of tbe defendant, and was engaged in working upon tbe section near Higb Point under Foreman T. W. Pierce. He bad been engaged in tbis work for more tban two years, and on 27 October, 1917, tbe foreman witb four section bands, including tbe plaintiff, was taking two cars from tbe belt-line which runs around a section of tbe city of Higb Point onto tbe main line which leads from Higb Point to Asbeboro. Tbe…
1Opinion of the CourtAlleN, J.
Tbe ease of Myers v. R. R., 166 N. C., 234, decided by a unanimous Court, is a controlling authority on both questions raised by tbe appeal, sustaining tbe exception to tbe charge and overruling tbe exceptions to tbe refusal to nonsuit tbe plaintiff.
In tbe Myers case■ tbe plaintiff was injured while attempting to get on a freight train running six or eight miles an hour, in obedience to tbe command of bis superior, and upon appeal a refusal to nonsuit was affirmed.
It also appears from an examination of tbe original record that his Honor charged tbe jury that if. they found from tbe evidence…
2Cases cited4 opinions
- Henderson v. Durham Traction Co.Supreme Court of North Carolina · 1903
- Pritchett v. Southern Railway Co.Supreme Court of North Carolina · 1911
- Crenshaw v. . Street R. R.Supreme Court of North Carolina · 1907
- Reeves v. North Carolina RailroadSupreme Court of North Carolina · 1909
3Cited by1 opinion
- Enloe v. Southern Railway Co.Supreme Court of North Carolina · 1919