Troxler v. Southern Railway Co.
Supreme Court of North Carolina
Civil ActioN to recover damages for personal injury, alleged to have been occasioned by the negligence of defendant, tried before Timberlalce, J., at August Term, 1898, of G-uil-Nokd Superior Court.
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Civil ActioN to recover damages for personal injury, alleged to have been occasioned by the negligence of defendant, tried before Timberlalce, J., at August Term, 1898, of G-uil-Nokd Superior Court. This is the same action in which there was a former trial and appeal, reported in 122 N. 0., 902. The plaintiff was a brakeman on a through freight train of the defendant company, and by direction of the conductor undertook to couple two cars, which were not furnished with automatic couplers. He used first a stick, and failing with that, used his hand, but in the effort, owing to the rebound, his…
1Opinion of the CourtClark, J.
The plaintiff was injured in attempting to couple cars of the defendant on which there were no auto-*191matie car-couplers, but in lieu thereof skeleton draw-beads of unequal height. The Court below held that the absence of automatic couplers, in general use, was negligence, per se, and refused to submit an issue whether the injury was not caused by the negligence of a fellow-servant, and refused to instruct the jury, as prayed, that the plaintiff was guilty of contributory negligence if he could by proper care have coupled the cars by hand without accident.
The duty to furnish proper and safe…
2Cases cited3 opinions
- Cone v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1880
- Mason v. Richmond & Danville RailroadSupreme Court of North Carolina · 1892
- Troxler v. Southern Railway Co.Supreme Court of North Carolina · 1898
3Cited by20 opinions
- Grant v. Graham Chero-Cola Bottling Co.Supreme Court of North Carolina · 1918
- Witsell v. . R. R.Supreme Court of North Carolina · 1897
- Orr v. Southern Bell Telephone & Telegraph Co.Supreme Court of North Carolina · 1903
- Elmore v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1903
- Stewart v. RailroadSupreme Court of North Carolina · 1906
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