Lane v. North Carolina Railroad
Supreme Court of North Carolina
Appeal from W. J. Adams, J., at August Term, 1910,- of DaVIDSON. The plaintiff, in the fourth allegation of his amended complaint, thus details the manner in which he was injured and for which he sues to recover damages: “That on 28 November, 1901, and for some time prior thereto, the plaintiff was employed by the Southern Railway Company as a servant upon defendant’s yards in the town of Spencer, for a valuable consideration, and while engaged in such work as a…
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Appeal from W. J. Adams, J., at August Term, 1910,- of DaVIDSON. The plaintiff, in the fourth allegation of his amended complaint, thus details the manner in which he was injured and for which he sues to recover damages: “That on 28 November, 1901, and for some time prior thereto, the plaintiff was employed by the Southern Railway Company as a servant upon defendant’s yards in the town of Spencer, for a valuable consideration, and while engaged in such work as a safety-appliance man and inspecting a train of freight cars which had been assembled for the purpose of being carried out over…
1Opinion of the CourtManning, J.
But one exception is presented in the record — • the refusal of his Honor to give, at the request of the defendant, the following special instruction: “Upon all the evidence, if believed, the plaintiff was guilty of contributory negligence as a matter of law, and the jury will answer the second issue Tes.’ ” In determining the correctness of his Honor’s ruling upon this instruction, we must consider the evidence in that view most favorable to the plaintiff, for if his Honor had given the requested instruction, it would have been equivalent to a nonsuit of the plaintiff.
It must be kept in mind…
2Cases cited2 opinions
- Dartmouth Spinning Co. v. AchordSupreme Court of Georgia · 1889
- White v. Thomasville Light & Power Co.Supreme Court of North Carolina · 1909
3Cited by3 opinions
- Duffy v. Hobbs, Wall & Co.California Supreme Court · 1913
- J. R. Whitlow v. Seaboard Air Line Railroad Company and Western Union Telegraph CompanyCourt of Appeals for the Fourth Circuit · 1955
- Gregory v. Easton Cotton Oil Co.Supreme Court of North Carolina · 1915