Lloyd v. North Carolina Railroad
Supreme Court of North Carolina
Appeal from Long, J., March Term, 1909, of OkaNGE. Civil action, to recover damages for alleged negligent injury. The complaint alleged, in substance, and there was evidence tending to show, that on 5 March, 1907, about 1:45 P. M. of said day, the plaintiff, in endeavoring to get aboard a moving freight train, with which he was employed, missed his hold and was run over and seriously and permanently injured, to his great and irreparable damage; that the train in question was…
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Appeal from Long, J., March Term, 1909, of OkaNGE. Civil action, to recover damages for alleged negligent injury. The complaint alleged, in substance, and there was evidence tending to show, that on 5 March, 1907, about 1:45 P. M. of said day, the plaintiff, in endeavoring to get aboard a moving freight train, with which he was employed, missed his hold and was run over and seriously and permanently injured, to his great and irreparable damage; that the train in question was one carrying freight from Monroe, Va., to Spencer, N. C., for defendant road; that the injury was brought about by…
1Opinion of the Court
Hotos, J.,
after stating the facts; On 4 March, 1907, the day before the occurrence, our General Assembly enacted a statute containing the following sections:
“Sec. 4. Any conductor, flagman, fireman, engineer, brakeman or other member of any train crew who shall work for any railroad company more than sixteen hours in any twenty-four hours shall be guilty of a misdemeanor, and upon conviction shall be fined or imprisoned, or both, in the discretion of the court: Provided, that it shall not be held a violation of this act by any conductor, brakeman, flagman, engineer, fireman or other member of…
2Cases cited18 opinions
- Smith v. AlabamaSupreme Court of the United States · 1888
- Green v. Van BuskirkSupreme Court of the United States · 1867
- Burgess v. SalmonSupreme Court of the United States · 1878
- Louisville v. Savings BankSupreme Court of the United States · 1881
- Lapeyre v. United StatesSupreme Court of the United States · 1873
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3Cited by33 opinions
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- Brown v. . BrownSupreme Court of North Carolina · 1938
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