Bowden v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Civil actioN to recover damages for neglect in protecting plaintiff, a passenger on defendant’s train, heard by Shaw, J., and a jury, at October Term, 1906, Superior Court of Cba-veN County.
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Civil actioN to recover damages for neglect in protecting plaintiff, a passenger on defendant’s train, heard by Shaw, J., and a jury, at October Term, 1906, Superior Court of Cba-veN County. The Court submitted the following issues: 1. Was plaintiff a passenger of defendant company? Answer: Yes. 2. Did the defendant company through its agents and employees wrongfully aid, abet or encourage a wrongful assault on the plaintiff, as alleged? Answer: Yes. 3. Did the defendant company neglect, fail and refuse, through its agents and employees, to protect the plaintiff from a wrongful assault and…
1Opinion of the CourtBrown, J.
We think the motion to nonsuit the plaintiff should have been -allowed. We find in the record no evidence that defendant’s servants were remiss in the discharge of any legal duty imposed upon them in respect to the plaintiff. The entire evidence tends to prove that plaintiff “ran away” with a sixteen-year-old girl for the purpose of marrying her, and they were passengers on defendant’s train. The brother of the girl telegraphed to the chief of police of Jacksonville, N. C., to arrest the couple, stating that they had eloped. The moment the train arrived the chief and his assistant, fully…
2Cases cited2 opinions
- Hollingsworth v. . SkeldingSupreme Court of North Carolina · 1906
- Owens v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1900
3Cited by13 opinions
- Picking v. Pennsylvania R. Co.Court of Appeals for the Third Circuit · 1945
- Collins v. SimmsSupreme Court of North Carolina · 1962
- Nashville, C. & St. L. Railway v. CrosbySupreme Court of Alabama · 1913
- Thompkins v. Missouri, K. & T. Ry. Co.Court of Appeals for the Eighth Circuit · 1914
- Tussey v. . OwenSupreme Court of North Carolina · 1908
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