Penny v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal from Goolce, J., at tbe April Term, 1910, of New Hawovee. Civil action to recover damages for a personal injury. Tbe following issues were submitted: 1. Was tbe plaintiff injured by tbe negligence of tbe defendant? Ans., Yes. 2. Did tbe plaintiff by bis own negligence contribute to bis injury? Ans., No. 3. Wbat damage, if any, bas tbe plaintiff sustained? ■ Ans., Five thousand dollars ($5,000). 4. Is tbe cause of action stated in tbe amendment to tbe complaint filed…
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Appeal from Goolce, J., at tbe April Term, 1910, of New Hawovee. Civil action to recover damages for a personal injury. Tbe following issues were submitted: 1. Was tbe plaintiff injured by tbe negligence of tbe defendant? Ans., Yes. 2. Did tbe plaintiff by bis own negligence contribute to bis injury? Ans., No. 3. Wbat damage, if any, bas tbe plaintiff sustained? ■ Ans., Five thousand dollars ($5,000). 4. Is tbe cause of action stated in tbe amendment to tbe complaint filed at April Term, 1910, barred by tbe statute of limitations? Ans., No. From tbe judgment rendered tbe defendant appealed.
1Opinion of the CourtBeoww, J.
We are of opinion tbat tbe complaint presents but one cause of action, and tbat is tbe allegation tbat tbe defendant, while tbe plaintiff was a passenger onfits train and entitled to its protection, negligently failed to protect him while alighting at tbe end of tbe journey, in consequence of which tbe plaintiff was injured. ■ Tbe amended complaint sets out no cause of action and adds nothing to tbe original complaint. Therefore, tbe fourth issue in regard to tbe statute of limitations is unnecessary.
There is evidence tending to prove tbat on 18 September, 1898, plaintiff was a passenger on…
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