Legal Opinion

McNeill v. Railroad Co.

Supreme Court of North Carolina

Decided June 1, 1904PublishedCited by 25 opinions

PetxtioN to rebear tbis case, reported/in 132 N. C., 510.

1Opinion of the Court

This is a rehearing of the case originally decided in 132 N.C. 510, 95 Am. St. Rep., 641. We fully concur in our former opinion as to the illegality of the contract by which the defendant agreed to give to the plaintiff free personal transportation to an unlimited extent in consideration of certain advertising. The only ground on which we allow the petition is that the plea in pari delicto, applying solely to the contract of carriage, is not a defense to an action for personal injuries caused by the negligence of the defendant.

The plaintiff testified as follows: "Marshburn called on me for my…

2Cases cited29 opinions

  1. Railroad Co. v. LockwoodSupreme Court of the United States · 1873
  2. Philadelphia & Reading Railroad v. DerbySupreme Court of the United States · 1853
  3. The Steamboat New World v. KingSupreme Court of the United States · 1854
  4. Northern Pacific R. Co. v. AdamsSupreme Court of the United States · 1904
  5. Sutton v. Town of WauwatosaWisconsin Supreme Court · 1871

24 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Lloyd v. North Carolina RailroadSupreme Court of North Carolina · 1909
  2. Marable v. RailroadSupreme Court of North Carolina · 1906
  3. Jones v. BlandSupreme Court of North Carolina · 1921
  4. Jones v. . BlandSupreme Court of North Carolina · 1921
  5. John v. Northern Pacific Railway Co.Montana Supreme Court · 1910

20 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API