Legal Opinion

Williams v. . Gill

Supreme Court of North Carolina

Decided April 12, 1898PublishedCited by 13 opinions

Civil action for damages for an assault upon the plaintiff, while a passenger on the Cape Fear and Yad-kin Valley Railroad, by the servants and agents of the defendant, who is Receiver of the company, tried before Starbuck, J., at Fall Term, 1897, of Rockingham Superior Court. The facts appear in the opinion. There was a verdict for the plaintiff fixing the damages at $500 and from the judgment thereon the defendant appealed.

1Opinion of the Court

The plaintiff in his complaint alleged that while he was a passenger on the defendant's train he was assaulted by the conductor and another person who was in the employment of the company in the conducting of the train. He also alleged that after the assault he was ejected from the train by the conductor and other of the agents and employees of the company. These allegations were denied in the answer. At the conclusion of the evidence, in which it was disclosed that the assault was made by a brakeman of the company, the conductor having taken no part in it, the court changed the first issue…

2Cases cited5 opinions

  1. Goddard v. Grand Trunk RailwaySupreme Judicial Court of Maine · 1869
  2. Emery v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1889
  3. Pickett v. . R. R.Supreme Court of North Carolina · 1895
  4. Chicago & Eastern Railroad v. FlexmanIllinois Supreme Court · 1882
  5. Daniel v. . R. R.Supreme Court of North Carolina · 1895

3Cited by13 opinions

  1. Jackson v. Telegraph Co.Supreme Court of North Carolina · 1905
  2. Lewis v. . FountainSupreme Court of North Carolina · 1915
  3. Jackson v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1910
  4. Jackson v. . Telegraph Co.Supreme Court of North Carolina · 1905
  5. May v. Western Union Telegraph Co.Supreme Court of North Carolina · 1911

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