Hancock v. Norfolk & Western Railway Co.
Supreme Court of North Carolina
Civil ActioN for damages for personal injury, caused by the negligence of a fellow-servant in the employment of the defendant Company, tried before Timberlaice/ J., at October Term, 1898, of Dueham - Superior ’ O'ourt.
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Civil ActioN for damages for personal injury, caused by the negligence of a fellow-servant in the employment of the defendant Company, tried before Timberlaice/ J., at October Term, 1898, of Dueham - Superior ’ O'ourt. The complaint alleged that the plaintiff, in the month of June, 1898, was an employee of the defendant Company, and while acting under orders with other section hands, was engaged in propelling a hand-car to their place of work, in front of a freight train then shifting upon the same track, and that when about 150 yards from the starting point, the hand-car ran through an open…
1Opinion of the Court
ClaRKj J.
Tbe decision of this case depends upon chapter 56, Private Laws 1897, “An Act to prescribe tbe liabilities of railroads in certain cases.” This statute, commonly known as the “Fellow-Servant Act” was ratified on the 23d day'of February, 1897, and provides:
“Section 1. That any servant or employee of any railroad company operating in this State, who shall suffer injury to his person, or the personal representative of any such servant or employee, who shall have suffered death in the course of his services or employment with said company, by the negligence, carelessness or incompetency…
2Cases cited14 opinions
- Missouri Pacific Railway Co. v. MacKeySupreme Court of the United States · 1888
- St. Louis & San Francisco Railway Co. v. MathewsSupreme Court of the United States · 1897
- Minneapolis & St. Louis Railway Co. v. HerrickSupreme Court of the United States · 1888
- Chicago, Kansas & Western Railroad v. PontiusSupreme Court of the United States · 1895
- Broadfoot v. Town of FayettevilleSupreme Court of North Carolina · 1897
9 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Sexton ex rel. Kin v. Newark District Telegraph Co.Supreme Court of New Jersey · 1913
- Coley v. North Carolina RailroadSupreme Court of North Carolina · 1901
- Hemphill v. . Lumber Co.Supreme Court of North Carolina · 1906
- Coley v. North Carolina RailroadSupreme Court of North Carolina · 1901
- Webb v. . Port CommissionSupreme Court of North Carolina · 1934
17 more not listed; retrieve them via the Exa API.