Smith v. Seaboard Air Line Railway Co.
Supreme Court of North Carolina
■Appeal by defendant from Gonnór, J., at tbe June Term, 1921, of Waice. Plaintiff brought this action to recover damages for personal injuries alleged to have been sustained at Sanford, N. C., 18 July, 1919, by being thrown from a stand-pipe while putting water in the tank of an engine.
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■Appeal by defendant from Gonnór, J., at tbe June Term, 1921, of Waice. Plaintiff brought this action to recover damages for personal injuries alleged to have been sustained at Sanford, N. C., 18 July, 1919, by being thrown from a stand-pipe while putting water in the tank of an engine. Plaintiff testified that he was fireman on one of the engines being operated on the Seaboard Air Line Eailway while under Federal control, and that it became necessary for the engine to take water at Sanford; that the engine was properly placed, and he pulled the stand-pipe to the tender and around to the…
1Opinion of the Court
WaliceR, J.,
after stating tbe case: Tbe plaintiff alleged several acts of negligence in respect to tbe condition of tbe water tank at tbe time of tbe accident, and, of course, be is restricted to those specified. If be desired to show others, tbe proper way was to ask tbe court for an amendment, giving tbe defendants reasonable opportunity to amend their answer and prepare to meet tbe new phase of tbe case. Being thus confined to bis own statement of tbe particular acts of negligence, it was error for tbe court to instruct tbe jury as appears in tbe above excerpt from tbe charge.
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2Cases cited19 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
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3Cited by16 opinions
- Murray v. . R. R.Supreme Court of North Carolina · 1940
- Murphy v. Suncrest Lumber Co.Supreme Court of North Carolina · 1923
- Mintz v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1951
- Murray v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1940
- Gaither v. E. H. Clement Co.Supreme Court of North Carolina · 1922
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