Redman v. Norfolk & Western Railway Co.
Supreme Court of North Carolina
ActioN tried before J ones, J., and a jury, at November Term, 1908, of PERSON. Plaintiff sues for personal injuries, alleged to bave been sustained by defendant’s negligence. Tbe plaintiff testified tbat at •tbe time be sustained tbe injury be was employed by defendant on one of its trains, engaged in cleaning out ditches witb a' ditching machine, to which a dipper was attached. Pie said it was bis duty to book tbe chain on tbe dipping machine. Tbe machine sat on a fiat car.
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ActioN tried before J ones, J., and a jury, at November Term, 1908, of PERSON. Plaintiff sues for personal injuries, alleged to bave been sustained by defendant’s negligence. Tbe plaintiff testified tbat at •tbe time be sustained tbe injury be was employed by defendant on one of its trains, engaged in cleaning out ditches witb a' ditching machine, to which a dipper was attached. Pie said it was bis duty to book tbe chain on tbe dipping machine. Tbe machine sat on a fiat car. It is run by a hoisting engine, which sets on the car next to the locomotive, which runs behind the cars on which the…
1Opinion of the Court
Connor, J.,
after stating the case: The negligence alleged and found by the jury was in moving the train suddenly and without giving the usual signals. The plaintiff says that when the dipper was filled, ready to be unloaded — that is, drawn over the car and deposit the mud upon it — the train did not move; that it was in motion when the dipper was filling with mud from the ditch on the roadside; that he was sitting on the side of the car, waiting for the signal to hook the chain, which would have required him to stand up. The sudden motion of the train, without signal or warning, caused him…
2Cases cited2 opinions
- Wagner v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1908
- Howard v. Southern Railway Co.Supreme Court of North Carolina · 1903
3Cited by2 opinions
- Payne v. Oakland Traction Co.California Court of Appeal · 1910
- Coore v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1910