Dobbin v. Richmond & Danville Railroad
Supreme Court of North Carolina
Civil Action for Damages tried at Spring Term, 1879, of Rowan Superior Court, before Schmclc, J. The plaintiff alleged that he was employed by the defendant company as a train hand, under the control and management of one T. W. Lowrie, an employee and superintendent of the company, and by the direction of said Lowrie, he was engaged in digging gravel, when by the negligence of defendant’s employee, a bank of dirt and gravel fell in upon the plaintiff, whereby he was greatly…
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Civil Action for Damages tried at Spring Term, 1879, of Rowan Superior Court, before Schmclc, J. The plaintiff alleged that he was employed by the defendant company as a train hand, under the control and management of one T. W. Lowrie, an employee and superintendent of the company, and by the direction of said Lowrie, he was engaged in digging gravel, when by the negligence of defendant’s employee, a bank of dirt and gravel fell in upon the plaintiff, whereby he was greatly injured, having his leg broken and being permanently disabled from performing any actual work. The defendant denied the…
1Opinion of the CourtAshe, J.
This is an action brought by the plaintiff against the defendant to recover damages for an injuria to his person resulting from the negligence of the defendant. The defendant in the answer denied the allegations of the complaint, and for a further defence insisted that if the plaintiff was injured by the negligence of defendant’s employees, superintendent or servants, the defendant was not responsible for the injury received.
The case was submitted to a jury for trial, and the evidence produced disclosed the facts, that the plaintiff was employed as a train-hand and laborer, and at the time of…
2Cases cited5 opinions
- Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Ohio & Mississippi Railroad v. TindallIndiana Supreme Court · 1859
- Harper v. Indianapolis & St. Louis RailroadSupreme Court of Missouri · 1871
- Township of Leoni v. TaylorMichigan Supreme Court · 1870
- Sherman v. . the Rochester and Syracuse R.R. Co.New York Court of Appeals · 1858
3Cited by16 opinions
- Hunn v. Michigan Central RailroadMichigan Supreme Court · 1889
- Patton v. Western North Carolina RailroadSupreme Court of North Carolina · 1887
- East Tennessee, Virginia & Georgia Railroad v. DeArmondTennessee Supreme Court · 1887
- Edge v. Southwest Missouri Electric Railway Co.Supreme Court of Missouri · 1907
- Kirk v. Atlanta & Charlotte Air-Line Railway Co.Supreme Court of North Carolina · 1886
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