Rose v. Wilmington & Weldon Railroad
Supreme Court of North Carolina
This was a civil action, tried before MacRae, J., at December Term, 1-889. of Cumberland Superior Court. The feme plaintiff and her husband had purchased tickets from Fayetteville, N. C., to Old Point, Va., and return,- with a condition endorsed on the tickets that they were to be stamped by the agent at Old Point.
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This was a civil action, tried before MacRae, J., at December Term, 1-889. of Cumberland Superior Court. The feme plaintiff and her husband had purchased tickets from Fayetteville, N. C., to Old Point, Va., and return,- with a condition endorsed on the tickets that they were to be stamped by the agent at Old Point. The Court instructed the jury, in effect, that as the feme plaintiff who brought the suit had failed to have her ticket stamped, the conductor had a right to put her off, and the only question for the jury to consider grew out of his manner of expelling her. There was a verdict and…
1Opinion of the CourtAvery, J.
after stating the facts: The Judge told the jury, in his charge, that their inquiry in passing upon the first issue (as to defendant’s negligence) was narrowed down to the question whether the feme plaintiff was expelled from the train in a rude and insulting manner, considering her condition at the time, and all of the attendatot circumstances. The plaintiff did not appeal, and, therefore, the question whether the regulation in reference to stamping the ticket was reasonable does not arise, and we must.consider this appeal as if it were admitted that the conductor had the right to put the…
2Cases cited12 opinions
- Milwaukee & St. Paul Railway Co. v. ArmsSupreme Court of the United States · 1876
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Philadelphia, Wilmington & Baltimore Railroad v. HoeflichCourt of Appeals of Maryland · 1884
- Holmes v. Carolina Central RailroadSupreme Court of North Carolina · 1886
- Boylan v. Hot Springs RailroadSupreme Court of the United States · 1889
7 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Knoxville Traction Co. v. LaneTennessee Supreme Court · 1899
- Baker v. WinslowSupreme Court of North Carolina · 1922
- Baker v. . WinslowSupreme Court of North Carolina · 1922
- McKay v. Ohio River RailroadWest Virginia Supreme Court · 1890
- Browne v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1891
18 more not listed; retrieve them via the Exa API.