Hemphill v. . Lumber Co.
Supreme Court of North Carolina
ActioN by A. W. Hemphill against Buck Creek Lumber Co., beard by Judge W. E. Allen and a jury, at the March Term, 1906, of the Superior Court of BuNoombe. From a judgment for the plaintiff, the defendant appealed.
1Opinion of the CourtClark, C. J.
The plaintiff was injured in the derailment and wreck of a train of cars loaded with logs and tan bark, which was running backward at a speed of eight to fifteen miles an hour. Tie was a brakeman, and in the discharge of his duty on the .front end of the car farthest from the engine. This railroad was a lumber road, with iron rails, four feet gauge, and using steam locomotives. The plaintiff testified that the rims of the wheels of the car on which he was riding were not as wide as the rims of the wheels of the other cars, and hence that car was more liable to get off the track; that this…
2Cases cited6 opinions
- Schus v. Powers-Simpson Co.Supreme Court of Minnesota · 1902
- Wright v. Southern RailroadSupreme Court of North Carolina · 1900
- Marcom v. Raleigh & Augusta Air Line RailroadSupreme Court of North Carolina · 1900
- Hancock v. Norfolk & Western Railway Co.Supreme Court of North Carolina · 1899
- Kinney v. North Carolina RailroadSupreme Court of North Carolina · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Sawyer v. Roanoke Railroad & Lumber Co.Supreme Court of North Carolina · 1907
- Lucid v. E. I. Du Pont De Nemours Powder Co.Court of Appeals for the Ninth Circuit · 1912
- Snipes v. Camp Manufacturing Co.Supreme Court of North Carolina · 1910
- Byers v. Carnegie Steel Co.Court of Appeals for the Sixth Circuit · 1908
- Taylor v. Prairie Pebble Phosphate Co.Supreme Court of Florida · 1911
39 more not listed; retrieve them via the Exa API.