Roseman v. Carolina Central Railroad
Supreme Court of North Carolina
Civil action, tried before Bynum, J., and a jury, at Special Term, 1892, of Lincoln Superior Court, wherein plaintiff, as administrator of Robert Murdock, sought to recover of the defendant damages for the negligent expulsion of his intestate from defendant’s train on an inclement night while he was intoxicated, thereby exposing him to the injuries resulting in his death.
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Civil action, tried before Bynum, J., and a jury, at Special Term, 1892, of Lincoln Superior Court, wherein plaintiff, as administrator of Robert Murdock, sought to recover of the defendant damages for the negligent expulsion of his intestate from defendant’s train on an inclement night while he was intoxicated, thereby exposing him to the injuries resulting in his death. The facts material to an understanding of the opinion of the Court are found in the plaintiff’s evidence in chief and in that of Conductor Alderman. The other evidence is immaterial. Plaintiff’s Evidence.' — E .L. Smith: “ I…
1Opinion of the Court
Avery, J.:
The plaintiff’s intestate got upon the defendant’s passenger train at Iron Station, and, failing or refusing to produce a ticket or pay fare on demand of the conductor, was ejected a little more than a half mile from that place and within two hundred yards of a dwelling-house. There was testimony tending to show that the intestate appeared to be drunk at the station while the passengers were taking supper there, and had come as a passenger from Stanley to Iron Station (about twenty-one miles) on the same train, having purchased a ticket from one station to the other. The conductor…
2Cases cited2 opinions
- Pickens v. Richmond & Danville RailroadSupreme Court of North Carolina · 1889
- Clark v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1884
3Cited by12 opinions
- Lammers v. Pacific Electric Ry. Co.California Supreme Court · 1921
- Fagg's Admr. v. Louisville & N. R. R. Co.Court of Appeals of Kentucky · 1901
- Hansley v. Jamesville & Washington RailroadSupreme Court of North Carolina · 1894
- Louisville & Nashville R. R. v. Tuggle's Admr.Court of Appeals of Kentucky · 1913
- Adams v. Chicago Great Western RailroadSupreme Court of Iowa · 1912
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