Horton v. Seaboard Air Line Railroad
Supreme Court of North Carolina
Appeal by defendant from Long, J., at October Term, 1917, of Uuioh. Tbis is an action of damages for wrongful death under the Federal Employers Liability Act. The plaintiff’s intestate was killed at 4 a. m., 9 February, 1917, in a wreck between Monroe and Wingate about a mile east of Monroe. Said intestate was conductor on the westbound freight train and was proceeding towards Monroe.
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Appeal by defendant from Long, J., at October Term, 1917, of Uuioh. Tbis is an action of damages for wrongful death under the Federal Employers Liability Act. The plaintiff’s intestate was killed at 4 a. m., 9 February, 1917, in a wreck between Monroe and Wingate about a mile east of Monroe. Said intestate was conductor on the westbound freight train and was proceeding towards Monroe. He had placed a caboose and tank car in front of the engine and was pushing them and pulling 36 freight cars when 21 heavily loaded freight cars which had gotten loose at Monroe rolled down the grade, striking…
1DissentWalker, J.
The court, by its charge to the jury, virtually eliminated the defense of assumption of risk by the following instructions to which an exception was duly taken: “If the jury find from the evidence that the wreck which caused the death of the plaintiff’s intestate was solely and proximatély caused by the negligence of defendant’s servants in not properly applying brakes on cars standing on its main line, on a grade, the jury are instructed that the risk of this negligence was not assumed by the deceased in allowing the caboose in which he was riding to be pushed by the engine, even if the…
2Cases cited26 opinions
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- Central Vermont Railway Co. v. WhiteSupreme Court of the United States · 1915
- Stokes v. SaltonstallSupreme Court of the United States · 1839
- Gleeson v. Virginia Midland RailroadSupreme Court of the United States · 1891
- Looney v. Metropolitan RailroadSupreme Court of the United States · 1906
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