Barden v. Atlantic Coast Line Railway Co.
Supreme Court of North Carolina
Appeal from Lyon, J., at July Term, 1909, of Columbus. Civil action beard on demurrer to tbe complaint. Tbe plaintiff complains that while be was an employee of tbe defendant be was taken sick and was received into tbe hospital of tbe Relief Department of tbe defendant at Rocky Mount, to be there operated upon and attended to.
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Appeal from Lyon, J., at July Term, 1909, of Columbus. Civil action beard on demurrer to tbe complaint. Tbe plaintiff complains that while be was an employee of tbe defendant be was taken sick and was received into tbe hospital of tbe Relief Department of tbe defendant at Rocky Mount, to be there operated upon and attended to. That tbe operation was performed, and through the neglect' and inattention and carelessness of the surgeon, nurses and attendants, he was permanently injured, and demanded damage for his suffering and injury. The plaintiff alleges, further, that he was entitled to…
1ConcurrenceBrown, J.
(in whose opinion Mr. Justice WalkeR concurs) : While I concur in the result, I cannot agree to all that is said in the opinion of the Court.
*329The facts are that the plaintiff was a member of the Relief Department of the defendant, and voluntarily went to its hospital to be treated for a fistula, brought on from natural, causes, and in no sense an injury received by reason of the negligence of the defendant or its employees.
1. It would seem, therefore, that the Court has unnecessarily and improperly declared section 64 of the regulations of the Relief Department void. The Court has done this of…
2Cases cited28 opinions
- Petty v. Brunswick & Western Railway Co.Supreme Court of Georgia · 1900
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. MooreIndiana Supreme Court · 1899
- Spitze v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1892
- Baltimore & Ohio Railroad v. BoydCourt of Appeals of Maryland · 1887
- B. & O. Employees' Rel. Ass'n v. PostSupreme Court of Pennsylvania · 1888
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