Jones v. Norfolk Southern Railroad
Supreme Court of North Carolina
ActioN tried before Ferguson, J., and a jury, at April Term, 1918, of Wake. The action is to recover damages for physical injuries to plaintiff, caused by the alleged negligence of defendant company; and the complaint, giving in each the true place and circumstances of the occurrence, states the grievances in two causes of action, in one of which there is direct averment that plaintiff was an employee on defendant’s train, engaged at the time as a common carrier of…
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ActioN tried before Ferguson, J., and a jury, at April Term, 1918, of Wake. The action is to recover damages for physical injuries to plaintiff, caused by the alleged negligence of defendant company; and the complaint, giving in each the true place and circumstances of the occurrence, states the grievances in two causes of action, in one of which there is direct averment that plaintiff was an employee on defendant’s train, engaged at the time as a common carrier of interstate commerce, and a second cause of action without such averment. Defendant having admitted in the answer that the train…
1Opinion of the CourtHoKE, J.
It was chiefly objected to the validity of the trial that his Honor refused to hold as a matter of law that plaintiff was barred of recovery by reason of assumption of risk — this on the ground, first, that the making of a flying switch was one of the ordinary incidents of plaintiff’s employment; second, that the engineer engaged in making such switch -was a fellow-servant, and, on the facts in evidence, his negligence, if it. shoidd be established, should be properly classed as one of the assumed risks in the course of plaintiff’s employment; but in our opinion neither position can be…
2Cases cited19 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- New York Central Railroad Company v. WinfieldSupreme Court of the United States · 1916
- Erie Railroad Company v. WinfieldSupreme Court of the United States · 1916
- Gila Valley, Globe & Northern Railway Co. v. HallSupreme Court of the United States · 1914
- Texas & Pacific Railway Co. v. ArchibaldSupreme Court of the United States · 1898
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3Cited by30 opinions
- Balcum v. . JohnsonSupreme Court of North Carolina · 1919
- Summerlin v. . R. R.Supreme Court of North Carolina · 1903
- Sitterson v. . SittersonSupreme Court of North Carolina · 1926
- Hutchins v. DavisSupreme Court of North Carolina · 1949
- Hamilton v. . R. R.Supreme Court of North Carolina · 1931
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