Butler v. South Carolina & Georgia Extension Railroad
Supreme Court of North Carolina
* ActtoN by P. B. Butler and his wife against the South Carolina and Georgia Extension Eailroad Company, heard by Judge M. El. Justice and a jury, at September Term, 1901, of the Superior Court of ButitebeORd County. The defendant offered as a witness the conductor of the train (one McGuire), who testified be was not in tbe car when plaintiff was hurt, but went in the car afterwards, and learned then, for the first time, that she was hurt.
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* ActtoN by P. B. Butler and his wife against the South Carolina and Georgia Extension Eailroad Company, heard by Judge M. El. Justice and a jury, at September Term, 1901, of the Superior Court of ButitebeORd County. The defendant offered as a witness the conductor of the train (one McGuire), who testified be was not in tbe car when plaintiff was hurt, but went in the car afterwards, and learned then, for the first time, that she was hurt. She was at the time sitting upon a seat at the side of the car. The defendant’s counsel proposed to ask this witness whether anyone told him when he went…
1Opinion of the CourtCook, J.
Feme plaintiff, accompanied by her husband, was traveling upon defendant company’s freight (or mixed train). When she entered the caboose, with her baby in her arms, the conductor of the train gave her a chair, which she accepted and occupied until the train stopped at one of its stations. At this station, Union Mills, the engine was taken from the freight cars and caboose, leaving them standing on the main track, and went upon the side-track to get some cars, and, upon returning, “shunted” two cars back against the cars on the main track with such force that the. feme plaintiff was knocked…
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