Roberts v. Railroad
Supreme Court of North Carolina
ActioN by T. J. Roberts against Southern Railway Company for damages for assault and battery, beard by Judge Henry R. Bryan and a jury, at tbe June Term, 1906, of the Superior Court of Mecklenburg. The evidence shows that plaintiff, an employee of the defendant, on its yard at Charlotte, was assaulted by one Bradley, the yardmaster, and plaintiff’s superior.
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ActioN by T. J. Roberts against Southern Railway Company for damages for assault and battery, beard by Judge Henry R. Bryan and a jury, at tbe June Term, 1906, of the Superior Court of Mecklenburg. The evidence shows that plaintiff, an employee of the defendant, on its yard at Charlotte, was assaulted by one Bradley, the yardmaster, and plaintiff’s superior. Plaintiff’s account of the difficulty tended to show that plaintiff, having made some mistake in switching a train onto the wrong track, went into the office; and some time thereafter, and within a short time, Bradley, the yardmaster,…
1Opinion of the Court
IIokb, J.,
after stating the case: The Court, among other tilings, charged the jury as follows:
“The Court further charges you that where a servant does a wrong to a third person, the master must answer for the act if it was committed in the scope and course of the servant’s employment and in furtherance of the master’s interests.”
This is a correct general principle which has been frequently applied to different cases in this and other jurisdictions, and on the facts disclosed by the testimony is as favorable as plaintiff had any right to ask. Jackson v. Telegraph Co., 139 N. C., 347; Pierce v.…
2Cases cited3 opinions
- Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
- Daniel v. RailroadSupreme Court of North Carolina · 1904
- Palmer v. Winston-Salem Railway & Electric Co.Supreme Court of North Carolina · 1902
3Cited by46 opinions
- Dickerson v. . Refining Co.Supreme Court of North Carolina · 1931
- Clemmons v. Life Insurance Company of GeorgiaSupreme Court of North Carolina · 1968
- Martin v. Greensboro-Fayetteville Bus LineSupreme Court of North Carolina · 1929
- Parrish v. Boysell Manufacturing Co.Supreme Court of North Carolina · 1936
- Munick v. . DurhamSupreme Court of North Carolina · 1921
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