Allen v. Wilmington & Weldon Railroad
Supreme Court of North Carolina
Civil action, tried before Robinson, J.. and a jury, at May Term, 1896, of Halifax Superior Court. The facts sufficiently appear in the opinion of Associate Justice FurChios. There was a verdict for the defendant, and plaintiff appealed from the judgment thereon.
1Opinion of the Court
Burches, J. :
In reviewing this case upon the record, and the manner in which it was presented and tried in the court below, the judgment must be affirmed. The complaint was evidently intended to bean action of iori and it was so tried.
The plaintiff bought a through ticket, at Goldsboro, from that place to Enfield, on defendant’s road. After he bought the ticket a friend of his, thinking the train did not go through to Enfield that night, made inquiry of the defendant’s ticket agent at Goldsboro as to whether that train, (called the shoo-fiy ”) went through to Enfield that night, and was told…
2Cases cited1 opinion
- Stokes v. . TaylorSupreme Court of North Carolina · 1889
3Cited by11 opinions
- Shipp Ex Rel. Shipp v. United Stage Lines, Inc.Supreme Court of North Carolina · 1926
- Warren v. . SusmanSupreme Court of North Carolina · 1915
- Coble v. . BarringerSupreme Court of North Carolina · 1916
- Hendon v. North Carolina RailroadSupreme Court of North Carolina · 1900
- State v. McWhirter.Supreme Court of North Carolina · 1906
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