Johnson v. Richmond & Danville Railroad
Supreme Court of North Carolina
Civil ActioN fox Damages tried at Spring Term, 1879, of Guilford Superior Court, before Buxton, J. The plaintiff was a brakeman in the employ of the defendant company, and was injured by a fall from a freiglit car, caused by the breaking of the rod of a brake attached to the car, while he was operating it.
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Civil ActioN fox Damages tried at Spring Term, 1879, of Guilford Superior Court, before Buxton, J. The plaintiff was a brakeman in the employ of the defendant company, and was injured by a fall from a freiglit car, caused by the breaking of the rod of a brake attached to the car, while he was operating it. The rod was alleged to be defective, and the plaintiff insisted that, it was negligence in the company in not repairing the same, thereby causing the accident and the consequent injury. Upon the trial the defendant asked the court to charge the jury, that the plaintiff should have-inspected…
1Opinion of the CourtSmith, C. J.
The plaintiff was employed as a brakeman on the defendant’s railroad, and upon a signal from the engineer was in the act of applying the brake, when the upright rod gave way, precipitating him to the ground and inflicting the injuries for the redress of which the suit is brought.
The defect in the rod was an ancient flaw or crack extending obliquely about two-thirds into its body, and the rod at this point was insufficient to bear the strain. Issues were submitted to the jury and their findings establish the following facts : The defendant exercised proper care in the construction of the rod.…
2Cases cited5 opinions
- Manly v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1876
- Crutchfield v. . R. D. R. R. Co.Supreme Court of North Carolina · 1877
- Crutchfield v. Richmond & Danville Rail-RoadSupreme Court of North Carolina · 1878
- Hardy v. . R. R.Supreme Court of North Carolina · 1876
- Hardy v. Carolina Central Railway Co.Supreme Court of North Carolina · 1877
3Cited by14 opinions
- Mason v. Richmond & Danville RailroadSupreme Court of North Carolina · 1892
- Porter v. Western North Carolina RailroadSupreme Court of North Carolina · 1887
- Cowles v. Richmond & Danville RailroadSupreme Court of North Carolina · 1881
- Pleasants v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1886
- Leak v. Carolina Central RailroadSupreme Court of North Carolina · 1899
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