Buckner v. Black Mountain Railway Co.

On or about 19 April, 1926, plaintiff was a passenger on defendant’s train, running from Kona in Mitchell County, to Dellinger, N. C. When the train reached Micaville, the engine was detached from the car in which plaintiff was sitting, leaving the car standing on defendant’s track. The train crew left the car, without putting the brakes on. The engine proceeded to a sidetrack, to do some switching. The car in which the plaintiff had been riding immediately began to roll backward, down grade. The railroad track from Kona up to Micaville is up grade and crooked. There is a river on one side of…