Shaw v. Railroad
Supreme Court of North Carolina
ActioN by Mrs. Bessie Shaw against Seaboard Air Line Railway Company, heard before Judge Henry R. Bryan and a jury, at the March Term, 1906, of the Superior Court of MECKLENBURG.
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ActioN by Mrs. Bessie Shaw against Seaboard Air Line Railway Company, heard before Judge Henry R. Bryan and a jury, at the March Term, 1906, of the Superior Court of MECKLENBURG. This was a civil action for the recovery of damages for injuries sustained by plaintiff as the .result of an alleged fall from the front platform of one of the defendant’s passenger-cars while a passenger thereon on the night of 26 February, 1905, at a point about three-quarters of a mile west of Matthews, N. C., which fall, it is claimed, was caused by the sudden and violent jerking of the train. The Court submitted…
1Opinion of the CourtBeowN, J.
Plaintiff was a passenger on defendant’s passenger train going to Matthews, N. 0. In the car in which she was traveling was the following printed notice posted tip at the time in a conspicuous place:. ’“NOTICE! Passengers are prohibited from going on PLATEOEMS or between CAES while the train is in motion, and are warned not to allow their HEADS or LIMBS to project from OAE WINDOWS.”
The evidence is conflicting, but there is. much evidence tending to prove that plaintiff went out on the platform of the car and was injured thereon while the train was moving and before it had come to a stop.
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2Cases cited6 opinions
- Alabama Great Soiitliern Railroad v. HawkSupreme Court of Alabama · 1882
- Mitchell v. Chicago & Grand Trunk Railway Co.Michigan Supreme Court · 1883
- Denny v. North Carolina RailroadSupreme Court of North Carolina · 1903
- East Tennessee, Virginia & Georgia Railway v. HolmeSupreme Court of Alabama · 1892
- Donnersberger v. PrendergastIllinois Supreme Court · 1889
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