Stanley v. Southern Railway Co.
Supreme Court of North Carolina
Appeal by plaintiff from Whedbee, J., at August Term, 1912, of Guilford. The facts are sufficiently stated in the opinion of the Court by Mr. Chief Justice Ciarle.
1DissentBbowN, J.
I am of opinion that the motion to nonsuit was properly allowed. As I read the record, there is *326no just ground upon wbicb to bold tlie defendant liable for negligence in failing to protect tbe plaintiff in a sudden affray in wbicb be voluntarily took part without reason for doing so.
Tbe carrier is not an insurer of tbe lives of its passengers, -and is not required to foresee and guard th'em against all assaults, but only sucb as from tbe circumstances may reasonably be expected to occur. Penny v. R. R., 153 N. C., 296; Britton v. R. R., 88 N. C., 536.
Mr. Hutchison states tbe true rule as…
2Cases cited3 opinions
- Britton v. Atlanta & Charlotte Air-Line Railway Co.Supreme Court of North Carolina · 1883
- Penny v. . R. R.Supreme Court of North Carolina · 1910
- Lake Erie & Western Railroad v. ArnoldIndiana Court of Appeals · 1901