Shadd v. Georgia, Carolina & Northern Railroad
Supreme Court of North Carolina
Civil actioN, for damages, tried at January Term, 1895, of Superior Court of UNION County, before Pobinson, Judge, and a jury.
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Civil actioN, for damages, tried at January Term, 1895, of Superior Court of UNION County, before Pobinson, Judge, and a jury. Tbe following issues were tendered by tbe plaintiff and submitted by His Honor: “1. Was tbe plaintiff injured by tbe negligence of the defendant as alleged in tbe complaint ? “ 2. Did the plaintiff contribute to his injury by his own negligence ? “ 3. If so might the defendant, notwithstanding, by the exercise of proper care, have avoided the injury'? “ 4. Is tbe paper writing, relied on by tbe defendant as a release, tbe contract of the plaintiff? “,5. What damages,…
1Opinion of the Court
Avery, J.:
A more experienced brakeman proposed to go in and make the coupling between a car standing on the track and the rear car of the train, to which the engine was attached, but the conductor, with an oath, ordered him back and said “No, let Shadd (the plaintiff) make it, how will he ever know anything if you never let him do anything?” The plaintiff then “signed the engineer down,” and stepping in front of the stationary car began to strike a link, that had “gotten crossways,” with a pin which he carried in one hand, while he held his lamp in the other. The two cars at this moment were…
2Cases cited2 opinions
- Mason v. Richmond & Danville RailroadSupreme Court of North Carolina · 1892
- Mason v. Richmond & Danville RailroadSupreme Court of North Carolina · 1894
3Cited by12 opinions
- Ridge v. Norfolk Southern RailroadSupreme Court of North Carolina · 1914
- Wright v. Northampton & Hertford RailroadSupreme Court of North Carolina · 1898
- Pleasants v. Raleigh & Augusta Air Line RailroadSupreme Court of North Carolina · 1897
- Hollifield v. . Telephone Co.Supreme Court of North Carolina · 1916
- Hollifield v. Southern Bell Telephone & Telegraph Co.Supreme Court of North Carolina · 1916
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