Thomas v. Raleigh & Augusta Air-Line Railroad
Supreme Court of North Carolina
ActioN by W. A. Thomas against the Raleigh.and Augusta Air-Line Railway Company, heard by Judge II. R. Starbuck and a jury, at February Term, 1901, of the Superior Court of Waicg County. This is an action for damages on account of personal injuries received by the plaintiff while in the service of the defendant company. There is evidence tending to prove the following facts, many of which are uncontradicted.
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ActioN by W. A. Thomas against the Raleigh.and Augusta Air-Line Railway Company, heard by Judge II. R. Starbuck and a jury, at February Term, 1901, of the Superior Court of Waicg County. This is an action for damages on account of personal injuries received by the plaintiff while in the service of the defendant company. There is evidence tending to prove the following facts, many of which are uncontradicted. The plaintiff was 27 years of age, and had been employed by the defendant for two months. At the time of the injury he was working as a section hand under one Davenport, who was section…
1Opinion of the Court
Douglas, J.,
after stating tbe facts. There are several exceptions, but they are all practically to tbe effect tbat tbe plaintiff, as matter of law, assumed tbe risk or was guilty of contributory negligence. We have so fully considered •these questions in tbe recent case of Ooley v. Railroad, at this term, tbat there is but little need for further discussion. We can only repeat what we there said, tbat tbe act of February 23, 1897, deprived all railroad companies operating in this State of tbe defense of assumption of risk, whether existing in contract express or implied, and whether pleaded…
2Cases cited10 opinions
- Cox v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1898
- Purnell v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1898
- Hinshaw v. Raleigh & Augusta Air Line R. R.Supreme Court of North Carolina · 1896
- Rittenhouse v. Wilmington Street-Railway Co.Supreme Court of North Carolina · 1897
- Anniston National Bank v. School Committee of DurhamSupreme Court of North Carolina · 1897
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Whitson v. Wrenn.Supreme Court of North Carolina · 1903
- Orr v. Southern Bell Telephone & Telegraph Co.Supreme Court of North Carolina · 1903
- Wood v. City of DetroitMichigan Supreme Court · 1915
- Ray v. Long.Supreme Court of North Carolina · 1903
- Mott v. Southern Railway Co.Supreme Court of North Carolina · 1902
11 more not listed; retrieve them via the Exa API.