Wallace v. Railroad
Supreme Court of North Carolina
ActioN by Sarah A. Wallace, Administratrix of Minor T. Wallace, against Seaboard Air Line Railway, beard by Judge Charles M. Cooke and a jury, at the October Term, 1905, of the Superior Court of Mecklenburg. Plaintiff administratrix sues for damages sustained by tbe death of her intestate by reason of the alleged negligence of the defendant.
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ActioN by Sarah A. Wallace, Administratrix of Minor T. Wallace, against Seaboard Air Line Railway, beard by Judge Charles M. Cooke and a jury, at the October Term, 1905, of the Superior Court of Mecklenburg. Plaintiff administratrix sues for damages sustained by tbe death of her intestate by reason of the alleged negligence of the defendant. The facts alleged in the complaint and admitted in the answer are as follows; Defendant is engaged in the business of a common carrier between the city of Charlotte, N. C., and points to and between the State line in Virginia and other States. On the…
1Opinion of the Court
Connor, J.,
after stating the case: The defendant excepted to the ruling of the court, admitting testimony regard ing the customary way by which brakemen, on lumber cars, loaded as the one upon which intestate was injured, descended from the lumber piled on the car, to the floor of the car for the purpose of making coupling. Freeland says: “I know custom of couplers getting down to the front of a moving car, loaded with lumber, by catching hold of the - crosspiece for the purpose of making coupling.” In reply to a question he says: “It would have been necessary for him to get where he could…
2Cases cited5 opinions
- Babcock Bros. Lumber Co. v. JohnsonSupreme Court of Georgia · 1904
- Bushby v. New York, Lake Erie & Western R. R. Co.New York Court of Appeals · 1887
- Coates v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
- Brimer v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1905
- McDonald v. SvensonWashington Supreme Court · 1901
3Cited by7 opinions
- Blevins v. Erwin Cotton MillsSupreme Court of North Carolina · 1909
- Campbell v. Southern Pacific Co.Oregon Supreme Court · 1926
- Britt v. Carolina & Northern RailroadSupreme Court of North Carolina · 1907
- Chicago, B. & Q. R. Co. v. MurrayWyoming Supreme Court · 1929
- Sturgeon v. Tacoma Eastern RailroadWashington Supreme Court · 1908
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