Fleming v. Norfolk Southern Railroad
Supreme Court of North Carolina
Appeal by defendant from Cline, J., at May Term, 1912, of Wake. Civil action, to recover damages for physical injuries caused by alleged negligence of defendant.
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Appeal by defendant from Cline, J., at May Term, 1912, of Wake. Civil action, to recover damages for physical injuries caused by alleged negligence of defendant. There was allegation with evidence on the part of plaintiff tending to show that on 18 August, 1910, plaintiff was the locomotive engineer running a passenger train, 11 and 12, from Raleigh to New Bern and return; that on the return trip from New Bern, via Washington, N. C., as he was approaching the city of Raleigh and about one mile from the station, he collided with a light engine, meaning an engine and tender only, coming from…
1Opinion of the CourtHoke, J.
It was not seriously contended before us that, on the facts in evidence, the validity of this trial and judgment could be successfully assailed. It was earnestly urged, however, that the court below made an erroneous ruling in excluding the evidence offered tending to show that defendant’s train was engaged at the time in interstate commerce, and this with a view of defeating plaintiff’s action on the ground of a failure of proof; the position being that if the facts suggested were established, plaintiff could only recover under the Federal Employers’ Liability Act, which for this purpose…
2Cases cited2 opinions
- Cochran v. WardIndiana Court of Appeals · 1892
- Bradbury v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1910
3Cited by25 opinions
- Showalter v. Western Pacific RailroadCalifornia Supreme Court · 1940
- Moore v. Chicago Bridge & Iron WorksSupreme Court of North Carolina · 1922
- Hunt v. WootenSupreme Court of North Carolina · 1953
- Capps v. . R. R.Supreme Court of North Carolina · 1922
- Barbee v. DavisSupreme Court of North Carolina · 1924
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