Davis v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Civil aotioN to recover damages for personal injury, tried before Lyon, J., at March Term, 19.07, of the Superior Court of Halifax County. Erom the judgment rendered defendant appealed.
1Opinion of the CourtBuowN, J.
Tbe defendant admitted the negligence and its liability for damages, and excepted to the introduction of certain evidence admitted by the Court upon that issue.
It appears that the plaintiff was a fireman on defendant’s engine, and sustained personal injuries, claimed to be of a severe character, in being compelled to jump from his engine immediately preceding a collision with another train on defendant’s track. The Court permitted plaintiff to prove the speed at which the engine was running when the plaintiff jumped, to which defendant excepted. We can see no error in this, as it tends fi>…
2Cases cited1 opinion
- Gillespie v. Coney Island & Brooklyn RailroadNew York City Court · 1891
3Cited by2 opinions
- Ferrell v. FryeCourt of Appeals of North Carolina · 1993
- Brown v. Allstate InsuranceCourt of Appeals of North Carolina · 1985