Jones v. Seaboard Air Line Railway Co.
Supreme Court of North Carolina
ActioN tried before Long, Jand a jury, at October Term, 1908, of Scotland. Action for damages, alleged to bave been sustained by plaintiff by reason of an assault committed upon bim by defendant’s agent while acting in the scope of Ms employment.
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ActioN tried before Long, Jand a jury, at October Term, 1908, of Scotland. Action for damages, alleged to bave been sustained by plaintiff by reason of an assault committed upon bim by defendant’s agent while acting in the scope of Ms employment. The plaintiff testified that be attempted to climb upon defendant’s box car, attached to a moving freight train, catching hold of the iron bars for the purpose of stealing a ride; that a flagman on top of the car told plaintiff to come up to him, when he (plaintiff) started to run; that he had gone about eight feet from the' car, when the flagman…
1DissentClark, C. J.
The plaintiff was attempting to climb up on the defendant’s box car to steal a ride. A flagman on top, discovering him, told him to “Come on up.” Whether the menacing tone, or the fact that he was discovered, or, as is probable, the flourish of a pistol, intimidated the plaintiff, he *480started to run, and wten about eight feet from the ear the flagman shot the plaintiff, striking him twice. This was one continuous act. The flagman was in discharge of his duty in discovering the plaintiff, and could not put off that character and without change of position assume another while the plaintiff was…
2Cases cited9 opinions
- Hussey v. Norfolk Southern RailroadSupreme Court of North Carolina · 1887
- Cook v. Southern Railway Co.Supreme Court of North Carolina · 1901
- Hayes v. RailroadSupreme Court of North Carolina · 1906
- White v. Norfolk & Southern RailroadSupreme Court of North Carolina · 1894
- Brendle v. . R. R.Supreme Court of North Carolina · 1899
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