Strother v. Aberdeen & Ashboro Railroad
Supreme Court of North Carolina
Civil action for a tort tried before Robinson, J., at June Term, 1898, of the Superior Court of Guilford County. The tort complained of was an insulting proposition made by the conductor of defendant’s train upon which the female plaintiff was a passenger. The conductor, examined as a witness for defendant, testified that the proposition was induced by an immodest remark made to him by his passenger.
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Civil action for a tort tried before Robinson, J., at June Term, 1898, of the Superior Court of Guilford County. The tort complained of was an insulting proposition made by the conductor of defendant’s train upon which the female plaintiff was a passenger. The conductor, examined as a witness for defendant, testified that the proposition was induced by an immodest remark made to him by his passenger. The defendant was allowed to prove by this witness, over plaintiff’s objection, that before suit brought he offered to the husband to give $20 to say no more about it, and that Strother said he…
1Opinion of the Court
Clark, J.:
This action was brought by the wife for a tort, an insulting proposition made to her by the conductor of the defendant corporation, while a passenger on its train. The sufficiency of the cause of action is not controverted, for the defendant does not appeal, and besides it is amply sustained by Daniel v. Railroad, 117 N. C., 592, especially authorities cited at page 608, and Williams v. Gill, 122 N. C., 967.
The plaintiff appeals for errors alleged as to the second issue, the quantum of damages. The first exception is that the Court admitted evidence, over the plaintiff’s objection,…
2Cases cited21 opinions
- Tillett v. Lynchburg & Durham RailroadSupreme Court of North Carolina · 1894
- Pickett v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1895
- Vick v. . PopeSupreme Court of North Carolina · 1879
- Towles v. . FisherSupreme Court of North Carolina · 1877
- Rittenhouse v. Wilmington Street-Railway Co.Supreme Court of North Carolina · 1897
16 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- State v. . StancillSupreme Court of North Carolina · 1919
- Cook v. Southern Railway Co.Supreme Court of North Carolina · 1901
- Hutchinson v. RailroadSupreme Court of North Carolina · 1905
- Palmer v. Winston-Salem Railway & Electric Co.Supreme Court of North Carolina · 1902
- Lanier v. . Pullman Co.Supreme Court of North Carolina · 1920
14 more not listed; retrieve them via the Exa API.