Ruffin v. Railroad
Supreme Court of North Carolina
ActioN by Tbómas HufBn against Atlantic and North Carolina Eailroad Company, heard by Judge B. F. Long and a jury, at the January Term, 1906, of the Superior Court of Carteret. This action is prosecuted by plaintiff for the purpose of recovering damages for personal injuries sustained by him while a passenger upon defendant’s train.
Read the full summary
ActioN by Tbómas HufBn against Atlantic and North Carolina Eailroad Company, heard by Judge B. F. Long and a jury, at the January Term, 1906, of the Superior Court of Carteret. This action is prosecuted by plaintiff for the purpose of recovering damages for personal injuries sustained by him while a passenger upon defendant’s train. Defendant denied negligence, and for further answer alleged that the injury was “caused by the negligence of plaintiff in that on the night in question he was under the influence of liquor and thereby contributed to his own hurt, and that plaintiff failed to act…
1Opinion of the Court
OoNNOR, J.,
after stating the case: The defendant insists that his Honor committed error in refusing to submit to the jury an issue in regard to plaintiff’s alleged contributory negligence. It was held in Scott v. Railroad, 96 N. C., 482, that when the Court fully explained to the jury the several phases of the testimony relied upon to show contributory negligence, and it was apparent that defendant had, in that way, been given the benefit of such testimony, with its application, an omission to-submit the issue was not reversible error. Since the decision of that case the statute was enacted…
2Cases cited4 opinions
- Hinshaw v. Raleigh & Augusta Air Line R. R.Supreme Court of North Carolina · 1896
- Neal v. Carolina Central RailroadSupreme Court of North Carolina · 1900
- Emry v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1891
- Wilson v. Cotton Mills.Supreme Court of North Carolina · 1905
3Cited by22 opinions
- Neal v. . R. R.Supreme Court of North Carolina · 1900
- Talley v. Harriss Granite Quarries Co.Supreme Court of North Carolina · 1917
- Lane v. . R. R.Supreme Court of North Carolina · 1926
- Boney v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1907
- Kirkpatrick v. . CrutchfieldSupreme Court of North Carolina · 1919
17 more not listed; retrieve them via the Exa API.