Herring v. Atlantic Coast Line Railroad

BROWN, J., dissenting; WALKER, J., concurring in dissenting opinion. This is an appeal from a verdict and judgment for personal injuries sustained by the plaintiff while working as a brakeman on defendant's train in its yard at Wilmington. While there (556) are some exceptions to the evidence, and to the charge, they do not require serious consideration. The appeal substantially rests upon the defense that the plaintiff was a member of the defendant's Relief Department, and that, having received benefits thereunder, he is estopped to maintain this action. The jury find that the plaintiff was…