McJimpsey v. Southern Ry.-Carolina Division
Supreme Court of South Carolina
Before DeVore, J., Spartanburg, October term, 1909. Action by Ed McJimpsey, by guardian ad litem, against Southern Railway — Carolina Division. Defendant appeals. cite: Plaintiff cannot recover under North Carolina law for injury after going on platform before train stops: 55 S. E. 713; 43 S. E. 847. Slowing and starting the train in this case was not negligence: 47 Am. R. 566; 16 Am.
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Before DeVore, J., Spartanburg, October term, 1909. Action by Ed McJimpsey, by guardian ad litem, against Southern Railway — Carolina Division. Defendant appeals. cite: Plaintiff cannot recover under North Carolina law for injury after going on platform before train stops: 55 S. E. 713; 43 S. E. 847. Slowing and starting the train in this case was not negligence: 47 Am. R. 566; 16 Am. St. R. 63; 84 C. C. A. 330; 85 C. C. A. 565; 79 C. C. A. 350. Interstate corporation railroad is a different corporation in each State: 4 Cooke on Corp., sec. 910; 10 So. R. 661; 73 Ala. 325; 107 U. S. 581; 136…
1Opinion of the Court
June 16, 1911. The opinion of the Court was delivered by The plaintiff recovered judgment for personal injuries alleged to have been sustained August 5, 1906, while a passenger on defendant's train between Biltmore, N.C., and Asheville, N.C.
At the conclusion of all the testimony defendant moved the Court to direct a verdict for defendant on the following grounds:(1) Because no actionable negligence has been shown on the part of the defendant company.(2) That if any such has been shown, the evidence shows that the plaintiff was guilty of contributory negligence such as would defeat his…
2Cases cited4 opinions
- Burgin v. Richmond & Danville RailroadSupreme Court of North Carolina · 1894
- Denny v. North Carolina RailroadSupreme Court of North Carolina · 1903
- Morrow v. Atlanta & Charlotte Air Line Railway Co.Supreme Court of North Carolina · 1903
- Shaw v. RailroadSupreme Court of North Carolina · 1906
3Cited by2 opinions
- Powe v. A.C.L.R. R. Co.Supreme Court of South Carolina · 1930
- Powe v. A.C.L.R. R. Co.Supreme Court of South Carolina · 1930