Marable v. Railroad
Supreme Court of North Carolina
ActioN by M. Y. Marable against Southern Railway Company, heard by Judge G. 8. Ferguson and a jury, at the July Term, 1906, of the Superior Court of Ibedell. This is an action brought to recover damages for injuries alleged to have been caused by the negligence of the defendant.
Read the full summary
ActioN by M. Y. Marable against Southern Railway Company, heard by Judge G. 8. Ferguson and a jury, at the July Term, 1906, of the Superior Court of Ibedell. This is an action brought to recover damages for injuries alleged to have been caused by the negligence of the defendant. The plaintiff was. a passenger on one of defendant’s local freight trains in September, 1904. The train was composed of about 35 cars and a caboose, in which the plaintiff was sitting on a seat with his feet on a box having tools in it, a stove being near and in front of him. There were cushioned seats in the car. lie…
1Opinion of the Court
WaleeR, J.,
after stating the case: We can find no fault with the instructions given by the Court to the jury, when they are considered together and construed in the light of the facts which the evidence tended to establish. The Judge gave the plaintiff the full benefit of the circumstances attending the injury as evidence of negligence and charged the jury that the defendant must show that the jolting of the train was unavoidable in order to acquit itself of negligence.
A carrier of passengers is not an insurer, as is a carrier of goods. He is therefore not absolutely liable for the safety of…
2Cases cited9 opinions
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Palmer v. . D. H.C. Co.New York Court of Appeals · 1890
- Tarver v. TarverSupreme Court of the United States · 1835
- McNeill v. Railroad Co.Supreme Court of North Carolina · 1904
- Everett v. RailroadSupreme Court of North Carolina · 1905
4 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- White v. . ChappellSupreme Court of North Carolina · 1941
- Lee v. . BairdSupreme Court of North Carolina · 1907
- Hamilton v. . R. R.Supreme Court of North Carolina · 1931
- Porter v. American Cigar Box Lumber Co.Supreme Court of North Carolina · 1913
- Smith v. Globe Home Furniture Manufacturing Co.Supreme Court of North Carolina · 1909
26 more not listed; retrieve them via the Exa API.