Crutchfield v. Richmond & Danville Rail-Road
Supreme Court of North Carolina
Civil ActiON, for Damages, removed from Forsythe and tried at Fall Term, 1877, of Davie Superior Court, before Cox, J. The plaintiff was in the employ of defendant company and brought this action to recover damages for injuries received in coupling its cars.
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Civil ActiON, for Damages, removed from Forsythe and tried at Fall Term, 1877, of Davie Superior Court, before Cox, J. The plaintiff was in the employ of defendant company and brought this action to recover damages for injuries received in coupling its cars. See same case, 76 N. C. 320. The defendant’s counsel asked the CquH to instruct the jury ; 1st. — That if they believed that plaintiff knew or had reasonable grounds for believing that the engine used by defendant prior to the time of the injury complained of was not controllable by the engineer, and that the road bed was in a dangerous…
1Opinion of the CourtBynum, J.
The first instruction asked for by the defendant, should have been given. It pre-supposes the negligence of the company and puts the case upon the true subject of inquiiy, that is, was the injury complained of caused by this negligence, or was it incurred in consequence of the negligence of the plaintiff ? There was evidence tending to show that the plaintiff had a knowledge or reasonable ground of knowledge of the defective engine and road bed. The farthest the Courts have ever gone in such cases is this, — if the servant remains in his master’s employ, with knowledge of defects in machinery…
2Cases cited1 opinion
- Ince v. East Boston Ferry Co.Massachusetts Supreme Judicial Court · 1870
3Cited by17 opinions
- Coley v. North Carolina RailroadSupreme Court of North Carolina · 1901
- Porter v. Western North Carolina RailroadSupreme Court of North Carolina · 1887
- Cowles v. Richmond & Danville RailroadSupreme Court of North Carolina · 1881
- Atchison, T. & S. F. R. v. MyersCourt of Appeals for the Seventh Circuit · 1894
- Stewart v. Louisville & Nashville RailroadSupreme Court of Alabama · 1887
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