Cook v. Southern Railway Co.
Supreme Court of North Carolina
ActioN by J. W. Cook against the Southern Railway Company, heard by Judge Thos. J. Shaw and a jury, at April Term, 1900, of the Superior Court of Bukke County. From a judgment for the plaintiff, the defendant appealed.
1Opinion of the CourtClark, J.
This case is “on all fours” with Pierce v. B. Go., 124 N. G., 63. It was there humanely held that a “trespasser’s wrongful act in getting on a car does not justify making him get off in a manner calculated to kill or cripple him.” Also, that “a railroad company is responsible for injury caused by the wrongful act of its employee, while acting in the general scope of his employment, whether such act is wilful, wanton and malicious, or merely negligent.” That case cites numerous authorities (pages 93 and 94), for instance, where the carrier was held liable for a servant “employed to sweep up…
2Cases cited6 opinions
- Pickett v. . R. R.Supreme Court of North Carolina · 1895
- Kansas City, Fort Scott & Gulf Railroad v. Kelly ex rel. MilhoanSupreme Court of Kansas · 1887
- Baker v. Wilmington & Weldon R. R.Supreme Court of North Carolina · 1896
- Northwestern Railroad v. HackIllinois Supreme Court · 1872
- Strother v. Aberdeen & Ashboro RailroadSupreme Court of North Carolina · 1898
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3Cited by34 opinions
- Medlin v. BassSupreme Court of North Carolina · 1990
- Pickett v. . R. R.Supreme Court of North Carolina · 1895
- Dickerson v. . Refining Co.Supreme Court of North Carolina · 1931
- Jackson v. Telegraph Co.Supreme Court of North Carolina · 1905
- Munick v. . DurhamSupreme Court of North Carolina · 1921
29 more not listed; retrieve them via the Exa API.