Greenlee v. Southern Railway Co.
Supreme Court of North Carolina
Civil action for damages tried before Greene, J., and a jury at Pall Term, 1897, of McDowell Superior Court. The plaintiff, through the alleged negligence of the defendant company, his employer, was injured while coupling freight cars by hand at Asheville and suffered the loss of an arm. The cars were not equipped with self-couplers. The facts are fully stated in the dissenting opinion of Associate Justice Purches.
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Civil action for damages tried before Greene, J., and a jury at Pall Term, 1897, of McDowell Superior Court. The plaintiff, through the alleged negligence of the defendant company, his employer, was injured while coupling freight cars by hand at Asheville and suffered the loss of an arm. The cars were not equipped with self-couplers. The facts are fully stated in the dissenting opinion of Associate Justice Purches. There was a verdict for the plaintiff awarding him $1,500 damages and from the judgment thereon the defendant appealed.
1Opinion of the Court
Clark, J.:
In any aspect of this case the defendant is liable, whether the plaintiff was or was not guilty of contributory negligence for the negligence of the defendant in not having self-couplers, and in sending a man to couple cars at all was a continuing negligence which existed subsequent to the contributory negligence, if there had been any, of the plaintiff and was the proximate cause, the causa causans of the injury.
Six years ago (1892) in Mason v. Railroad, 111 N. C., 482, at p. 487, the court in considering “whether the defendant company was negligent in failing to provide what is…
2Cases cited1 opinion
- Mason v. Richmond & Danville RailroadSupreme Court of North Carolina · 1892
3Cited by12 opinions
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- St. Louis S. F. R. Co. v. LongSupreme Court of Oklahoma · 1913
- Hall v. West & Slade Mill Co.Washington Supreme Court · 1905
- Jenney Electric Manufacturing Co. v. FlanneryIndiana Court of Appeals · 1912
- Ballew v. Asheville & East Tennessee RailroadSupreme Court of North Carolina · 1923
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