Mitchell v. Southern Railway Co.
Supreme Court of North Carolina
ActioN, tried before Cline, J., and a jury, at March Term, 1918, of WlLKES. Plaintiff resided at "Wilkesboro, and was employed by defendant from July to and including 4 December, 1916, as, extra force foreman, in repairing the damage done to defendant’s roadbed from North Wilkes-boro to Winston-Salem, made necessary by the July flood of 1916, and was provided with a force of men and a work train for the purpose of moving plaintiff and his men from place to place and to such…
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ActioN, tried before Cline, J., and a jury, at March Term, 1918, of WlLKES. Plaintiff resided at "Wilkesboro, and was employed by defendant from July to and including 4 December, 1916, as, extra force foreman, in repairing the damage done to defendant’s roadbed from North Wilkes-boro to Winston-Salem, made necessary by the July flood of 1916, and was provided with a force of men and a work train for the purpose of moving plaintiff and his men from place to place and to such points as the plaintiff was directed to go by the men in charge over him, viz., 0. W. Anderson, supervisor, E. L. Bird,…
1Opinion of the Court
Walker, J.,
after stating the case: It appeared in this case, after the second section of the complaint and the answer thereto, that defendant admitted the authority of E. L. Byrd over the movements of the work train, and that the person in charge of it was subject to his direction and control. This is the purpose of the admission and, it being true, we do not see why the plaintiff was not entitled to have the jury say whether he was rightfully on the train when it collided with the freight train and injured him. In addition to this admission, it appears that the plaintiff, as extra force…
2Cases cited18 opinions
- Philadelphia & Reading Railroad v. DerbySupreme Court of the United States · 1853
- The Steamboat New World v. KingSupreme Court of the United States · 1854
- Everett v. Receivers of Richmond & Danville RailroadSupreme Court of North Carolina · 1897
- Welch v. DurandSupreme Court of Connecticut · 1869
- Kansas Pacific Railway Co. v. Whipple ex rel. WhippleSupreme Court of Kansas · 1888
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3Cited by3 opinions
- Great Southern Lumber Co. v. HamiltonMississippi Supreme Court · 1924
- Williams v. Randolph & Cumberland Railway Co.Supreme Court of North Carolina · 1921
- Williams v. . R. R.Supreme Court of North Carolina · 1921