Kearney v. Seaboard Air Line Railway Co.
Supreme Court of North Carolina
Arpeal from Ferguso.n, J., at October Term, 1911, of FraNK-LIN. This is an action to recover damages for personal injuries caused by a car, on which plaintiff had been riding as a passenger, passing over his foot, making amputation necessary. The plaintiff, a man 69 years old, was a passenger on defendant’s train on the night of 26 October, 1910, from Louisburg, N. 0., to Franklinton, N. 0. The train consisted of six box cars and two passenger coaches.
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Arpeal from Ferguso.n, J., at October Term, 1911, of FraNK-LIN. This is an action to recover damages for personal injuries caused by a car, on which plaintiff had been riding as a passenger, passing over his foot, making amputation necessary. The plaintiff, a man 69 years old, was a passenger on defendant’s train on the night of 26 October, 1910, from Louisburg, N. 0., to Franklinton, N. 0. The train consisted of six box cars and two passenger coaches. The defendant operates a branch line between Louisburg and Franklinton, and in getting into the station at the latter point the trains pass…
1DissentBkowN, J.
The plaintiff, a man 69 years old, who had been Sheriff of Franklin County more than thirty years, was a passenger on defendant’s train on the night of 26 October, 1910, from Louisburg, N. 0., to Eranklinton, N. 0., consisting of six box cars and two passenger coaches. The defendant operates a branch line between Louisburg and Eranklin-ton, and in getting into the station at the latter point the trains passed through a switch north of the passenger depot.
On the night of this accident the engine stopped at this switch to have it changed, in order to permit the train to pass onto aside-track…
2Cases cited25 opinions
- Ramsbottom v. RailroadSupreme Court of North Carolina · 1905
- Lassiter v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1903
- Marable v. RailroadSupreme Court of North Carolina · 1906
- Witsell v. . R. R.Supreme Court of North Carolina · 1897
- State v. . DunlopSupreme Court of North Carolina · 1871
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