Jones v. Railroad
Supreme Court of North Carolina
ActioN by ThacL Jones, Jr., administrator of W. 0. Brock, against East Carolina Railroad Company, beard by Judge James L. Webb and a jury, at the February Term, 1906, of the Superior Court of Duplin. This action is prosecuted to’ recover damages sustained by plaintiff by reason of the death of his intestate, alleged to have been caused by the negligence of defendant. Upon the conclusion of the plaintiff’s testimony defendant demurred and moved for judgment of nonsuit.
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ActioN by ThacL Jones, Jr., administrator of W. 0. Brock, against East Carolina Railroad Company, beard by Judge James L. Webb and a jury, at the February Term, 1906, of the Superior Court of Duplin. This action is prosecuted to’ recover damages sustained by plaintiff by reason of the death of his intestate, alleged to have been caused by the negligence of defendant. Upon the conclusion of the plaintiff’s testimony defendant demurred and moved for judgment of nonsuit. Motion allowed. Appeal by plaintiff.
1Opinion of the Court
OonnoR, J.,
after stating the facts: Plaintiff alleged that, prior to and on the day of the accident, his intestate was employed by defendant as section-master. That he was directed to board the train at Fountain, with certain section-hands under his charge, and enter the passenger car, to which a flat-car was attached, ,and go to' Toddy and other stations on the road for the purpose of loading certain flat-cars with iron, etc. That while sitting on the platform of the passenger car the defendant’s conductor negligently and without notice or warning to his intestate caused the said flat-car to…
2Cases cited3 opinions
- Drum v. MillerSupreme Court of North Carolina · 1904
- Insurance Co. v. RailroadSupreme Court of North Carolina · 1905
- Joyner v. SuggSupreme Court of North Carolina · 1902
3Cited by1 opinion
- Ramsbottom v. . RailroadSupreme Court of North Carolina · 1905