Legal Opinion

Seawell v. Carolina Central Railroad

Supreme Court of North Carolina

Decided June 10, 1903PublishedCited by 18 opinions

Action by H. E. Seawell against the Carolina Central Railroad Company, heard by Judge W. 8. O’B. Bohinson and a jury, at September Term, 1902, of the' Superior Court of Moore County. the issues. 1. Was the plaintiff a passenger of the defendant company, as alleged in the complaint ? 2. Did the defendant company, through its agents and employees, assault, or aid, abet and encourage an assault, on the plaintiff, as alleged in the complaint ? 3. Did the defendant company…

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Action by H. E. Seawell against the Carolina Central Railroad Company, heard by Judge W. 8. O’B. Bohinson and a jury, at September Term, 1902, of the' Superior Court of Moore County. the issues. 1. Was the plaintiff a passenger of the defendant company, as alleged in the complaint ? 2. Did the defendant company, through its agents and employees, assault, or aid, abet and encourage an assault, on the plaintiff, as alleged in the complaint ? 3. Did the defendant company neglect, fail and refuse, through its agents and employees, to protect or offer to protect, tbe plaintiff against the assault…

1Opinion of the CourtClark, C. J.

The complaint alleges “that on or about the 2nd day of June, 1900, the plaintiff, who had previously purchased for a valuable consideration a mileage ticket, then in his possession, which entitled him to transportation on said Carolina Central Railroad, entered upon the premises of the defendant at its station in the town of Shelby, in the County of Cleveland, for the purpose of boarding as a passenger a train of the defendant company, which, according to the schedule and time-table of the defendant, as plaintiff is informed and believes, was expected to arrive at said station within a short…

2Cases cited7 opinions

  1. New Jersey Steamboat Co. v. BrockettSupreme Court of the United States · 1887
  2. Dodge v. Boston & Bangor Steamship Co.Massachusetts Supreme Judicial Court · 1889
  3. Cogdell v. Wilmington & Weldon R. R.Supreme Court of North Carolina · 1899
  4. Daniel v. Petersburg RailroadSupreme Court of North Carolina · 1895
  5. Palmer v. Winston-Salem Railway & Electric Co.Supreme Court of North Carolina · 1902

2 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. State v. SimpsonSupreme Court of North Carolina · 1951
  2. Munick v. . DurhamSupreme Court of North Carolina · 1921
  3. Clark v. . Traction Co.Supreme Court of North Carolina · 1905
  4. Hairston v. . Greyhound Corp.Supreme Court of North Carolina · 1942
  5. Wesley v. Greyhound Lines, Inc.Court of Appeals of North Carolina · 1980

13 more not listed; retrieve them via the Exa API.

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