Legal Opinion

Mason v. Richmond & Danville Railroad

Supreme Court of North Carolina

Decided February 5, 1894PublishedCited by 15 opinions

Civil x\.ctioN for damages, brought by the plaintiff against the defendant for personal injury suffered on the morning of December 14, 1889, at Durham, N. C., tried before Broiun, J., and a jury, at Augut Term, 1893, of Guil-ford Superior Court. The plaintiff was a brakeman on a “mixed train” run-ningbetween Raleigh and Greensboro on December 14,1889, of which Capt. C. B. Guthrie was the conductor.

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Civil x\.ctioN for damages, brought by the plaintiff against the defendant for personal injury suffered on the morning of December 14, 1889, at Durham, N. C., tried before Broiun, J., and a jury, at Augut Term, 1893, of Guil-ford Superior Court. The plaintiff was a brakeman on a “mixed train” run-ningbetween Raleigh and Greensboro on December 14,1889, of which Capt. C. B. Guthrie was the conductor. Plaintiff had served under Captain Guthrie for three months previous and had formerly been working; on a train of which Capt. J. E. Dick was conductor. While serving under Dick plaintiff signed a…

1Opinion of the Court

The plaintiff was a brakeman on a "mixed train" running between Raleigh and Greensboro on 14 December, 1889, of which Capt. C. B. Guthrie was the conductor. Plaintiff had served under Captain Guthrie for three months previous and had formerly been working on a train of which Capt. J. E. Dick was conductor. While serving under Dick, plaintiff signed a printed agreement, as follows:

"I fully understand that the rules of the Richmond Danville Railroad Company positively prohibit brakeman from coupling or uncoupling cars except with a stick, and that brakemen or others must not go between the…

2Cases cited3 opinions

  1. Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
  2. Mason v. Richmond & Danville RailroadSupreme Court of North Carolina · 1892
  3. Deans v. . R. R.Supreme Court of North Carolina · 1890

3Cited by15 opinions

  1. Rittenhouse v. Wilmington Street-Railway Co.Supreme Court of North Carolina · 1897
  2. Means v. Carolina Central RailroadSupreme Court of North Carolina · 1900
  3. Shadd v. Georgia, Carolina & Northern RailroadSupreme Court of North Carolina · 1895
  4. Williams v. Southern Railway Co.Supreme Court of North Carolina · 1896
  5. Crane v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896

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