Pickens v. Richmond & Danville Railroad
Supreme Court of North Carolina
Railroads — Damages for Expelling Passengers— Tender of Fare— Necessary Force — Common Carrúr — Contract. This was a civil ACTION, tried before Connor, J., at the February Term, 1889, of the Superior Court of Henderson County. The plaintiff set out two causes of action, to .both of which the defendants, in their answer, made appropriate defences.
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Railroads — Damages for Expelling Passengers— Tender of Fare— Necessary Force — Common Carrúr — Contract. This was a civil ACTION, tried before Connor, J., at the February Term, 1889, of the Superior Court of Henderson County. The plaintiff set out two causes of action, to .both of which the defendants, in their answer, made appropriate defences. The defendants admitted that they are duly incorporated, and subject to be sued in the Courts of this State, and that they are common carriers. The following issues were, without exception, drawn and submitted to the jury: FIRST cause OF ACTION.. 1.…
1Opinion of the CourtAvery, J.
— after stating the facts: The plaintiff’s first cause of action was founded on the failure and refusal of the defendant companies to perform the contract arising out of the purchase by plaintiff at Hendersonville, North Carolina, of a return ticket from that place to Jacksonville, Florida, and his ejection from the car of the Spartanburg & Ashe-ville Railroad Company, on his return, at a place called Campton, on their road, because he had failed to sign said ticket and have it stamped by the agent at Jacksonville, according to the contract printed in it. The second cause of action was, the…
2Cases cited1 opinion
- Hoffbauer v. D. & N. W. R.Supreme Court of Iowa · 1879
3Cited by11 opinions
- Rose v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Moore v. Atchison, T. & S. F. Ry. CoSupreme Court of Oklahoma · 1910
- Browne v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1891
- Roseman v. Carolina Central RailroadSupreme Court of North Carolina · 1893
- Browne v. . R. R.Supreme Court of North Carolina · 1891
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