Legal Opinion

Burgin v. Richmond & Danville Railroad

Supreme Court of North Carolina

Decided September 5, 1894PublishedCited by 22 opinions

Action for damages, heard on complaint and demurrer, at Fall Term, 1894, of McDowell Superior Court, before Allen, J. The demurrer was sustained, and plaintiff appealed. The facts appear in the opinion of Chief Justice Shepherd.

1Opinion of the Court

Shepherd, C. J.:

This action is brought for the recovery of damages sustained by the plaintiff in jumping from the defendant’s train while it was in motion. It appears from the complaint that the plaintiff informed the conductor that he desired to get off at Round Knob, a station on the defendant’s road, where it was the duty of the defendant to stop its train, but that defendant “ negligently and .carelessly failed and refused to stop its said train at said station so that plaintiff, who was compelled to stop at said station, being at the time on his way home to the bedside of one of his…

2Cases cited5 opinions

  1. Nelson v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1878
  2. Jewell v. Chicago, St. Paul & Minneapolis Railway Co.Wisconsin Supreme Court · 1882
  3. J. A. Lambeth v. . N.C. R. R. Co.Supreme Court of North Carolina · 1872
  4. Browne v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1891
  5. Lake Shore & Michigan Southern Railway Co. v. BangsMichigan Supreme Court · 1882

3Cited by22 opinions

  1. Indiana Natural Gas & Oil Co. v. O'BrienIndiana Supreme Court · 1903
  2. Hinshaw v. Raleigh & Augusta Air Line R. R.Supreme Court of North Carolina · 1896
  3. Rittenhouse v. Wilmington Street-Railway Co.Supreme Court of North Carolina · 1897
  4. Ramsey v. Nash Furniture Co.Supreme Court of North Carolina · 1936
  5. Denny v. North Carolina RailroadSupreme Court of North Carolina · 1903

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