Legal Opinion

McRae v. Wilmington & Weldon Railroad

Supreme Court of North Carolina

Decided February 5, 1883PublishedCited by 8 opinions

Civil ActioN tried at Fall Term, 1882, of New Hanover Superior Court, before MaoRae, J. Tbe plaintiff brought this action to recover damages for an assault and battery, alleged to have been committed on him by E. D. Browning, a conductor on one of the defendant's trains, and the jury returned a verdict assessing the plaintiff's damages at $1,000. Sometime before the 13th of June, 1881, one W. H. Howe and Anthony Maultsby contracted with the defendant company, at a fixed sum,…

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Civil ActioN tried at Fall Term, 1882, of New Hanover Superior Court, before MaoRae, J. Tbe plaintiff brought this action to recover damages for an assault and battery, alleged to have been committed on him by E. D. Browning, a conductor on one of the defendant's trains, and the jury returned a verdict assessing the plaintiff's damages at $1,000. Sometime before the 13th of June, 1881, one W. H. Howe and Anthony Maultsby contracted with the defendant company, at a fixed sum, to furnish them a train of cars for an excursion from Wilmington to Washington City and return. The excursion was…

1Opinion of the CourtAshe, J.

Howe and Maultsby contracted with the defendant for the use of its train for an excursion from Wilmington to Washington and return. They were the managers of the excursion. The excursion was advertised in handbills, over their signatures, to leave Wilmington on the 13th of June, and return on the 17th, and tickets, called cards, were issued by them at the reduced price of $6.50, being less than one-fourth of the price of the regular fare from Wilmington to Washington and back. The plaintiff purchased one of these tickets. They were sold to him by Howe and Maultsby, the managers of the…

2Cases cited2 opinions

  1. Rawson v. . Pennsylvania Railroad Co.New York Court of Appeals · 1872
  2. Brunhild v. . FreemanSupreme Court of North Carolina · 1877

3Cited by8 opinions

  1. Lumber Co. v. . Lumber Co.Supreme Court of North Carolina · 1905
  2. American Potato Co. v. Jenette Bros.Supreme Court of North Carolina · 1916
  3. Florida East Coast Railway Co. v. CarterSupreme Court of Florida · 1914
  4. Ames v. Southern Pacific Co.California Supreme Court · 1904
  5. Mason v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1912

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