McNeill v. Railroad Co.

This is a petition to rehear this canse and reverse onr opinion filed therein, 132 N. C., 510, 95 Am. St. Rep,, 641. That opinion is itself a precedent and to be set aside, like any other precedent, only upon good cause shown. We have had the benefit of full and able argument upon both hearings, and diligent re-examination of the argument and the authorities shows that our former decision is in accord withour own precedents and those to be found elsefhere.

The complaint alleges that on April 6, 1900, “the plaintiff being a passenger on said defendant road” was injured by the derailment of the…