Quantz v. Railroad
Supreme Court of North Carolina
ActioN by S. 0. Quantz against the Southern Railway Company, beard by Judge W. B. Allen and a jury, at October Term, 1904, of the Superior Court of MecKxenbubg County. The plaintiff reached Charlotte on defendant’s train on the night of May . ., 1904, at about ten o’clock. The train stopped at the depot, the coach upon which defendant was being some distance below the end of the depot building.
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ActioN by S. 0. Quantz against the Southern Railway Company, beard by Judge W. B. Allen and a jury, at October Term, 1904, of the Superior Court of MecKxenbubg County. The plaintiff reached Charlotte on defendant’s train on the night of May . ., 1904, at about ten o’clock. The train stopped at the depot, the coach upon which defendant was being some distance below the end of the depot building. He went across the depot to a restaurant on Fourth street, not on defendant’s right of way. He drank some coffee or milk and, desiring to see a policeman, went from the restaurant towards Trade street,…
1Opinion of the Court
Connor, J.,
after stating the case. His 'Honor told the jury that the plaintiff had, at the time of his injury, ceased to be a passenger; in this we concur. We also concur in the opinion that be was not a trespasser. He was a licensee’. His relation to tbe defendant, growing out of tbe contract of carriage or tbe assumption of a public duty by tbe defendant, was at an end. Tbe case, thus simplified, presents tbe question as to tbe measure of duty wliicb tbe defendant owed tbe plaintiff as a licensee. Tbe plaintiffs right to- recover is dependent upon sustaining tbe proposition tbat tbe…
2Cases cited2 opinions
- Redigan v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
- Emry v. Roanoke Navigation & Water-Power Co.Supreme Court of North Carolina · 1892
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- Jones v. BlandSupreme Court of North Carolina · 1921
- Peterson v. RailroadSupreme Court of North Carolina · 1906
- Wilson v. . DowtinSupreme Court of North Carolina · 1939
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