Fortune v. Southern Railway Co.
Supreme Court of North Carolina
ActioN tried before Peebles, J., and a jury, at July Term, 1908, of Haywood, to recover damages for a personal injury alleged to have been received by plaintiff, Connie E. Fortune, caused by tbe negligence of tbe defendant.
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ActioN tried before Peebles, J., and a jury, at July Term, 1908, of Haywood, to recover damages for a personal injury alleged to have been received by plaintiff, Connie E. Fortune, caused by tbe negligence of tbe defendant. These issues were submitted: 1. “Was tbe plaintiff, O. E. Fortune, injured by tbe negligence of tbe defendant, as alleged in tbe complaint ?” Answer: “Yes.” 2. “Did tbe plaintiff, Connie E. Fortune, by ber own negligence, contribute to ber injury, as alleged in tbe answer ?” Answer : “No.” 3. “What damage, if any,-is plaintiff, Connie E. Fortune, entitled to recover?”…
1Opinion of the CourtBrown, J.
Tbe evidence in this case tends to prove that tbe plaintiff accompanied her - husband to defendant’s station at Waynesville for tbe purpose of seeing him off as a passenger for Asheville. For tbe purpose of accommodating the increased travel in summer, defendant bad daily an extra coach left at a certain place on tlie side track close to tbe station at Waynes-ville, wbicb was attached to tbe train wben it arrived at Waynes-ville from'tbe west. It was customary to open tbis extra coacli some ten minutes before train time and to permit passengers to enter it. On tbe date of tbe injury tbe car…
2Cases cited3 opinions
- Bailey v. North Carolina R. R.Supreme Court of North Carolina · 1908
- Whitley v. Southern Railway Co.Supreme Court of North Carolina · 1898
- Moore v. Saginaw, Tuscola & Huron RailroadMichigan Supreme Court · 1899
3Cited by9 opinions
- Brigman v. . Construction Co.Supreme Court of North Carolina · 1926
- Hood v. Queen City Coach CompanySupreme Court of North Carolina · 1959
- Brigman v. Fiske-Carter Construction Co.Supreme Court of North Carolina · 1926
- Edwards v. . R. R.Supreme Court of North Carolina · 1897
- Goldman v. KossoveSupreme Court of North Carolina · 1960
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