Whitfield v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
ActioN for damages for personal injury, tried before Long, and a jury, at November Term, 1901, of Wayne. Tbe court submitted these issues: “1. Was the plaintiff injured by the negligence of the defendant company ?” Answer: “Yes.” “2. Did the plaintiff by his OAvn negligence contribute to said injuries?” Answer: “No.” “3. What amount, if any, is the plaintiff entitled to recover of the defendant?” Answer: “Five hundred dollars.”
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ActioN for damages for personal injury, tried before Long, and a jury, at November Term, 1901, of Wayne. Tbe court submitted these issues: “1. Was the plaintiff injured by the negligence of the defendant company ?” Answer: “Yes.” “2. Did the plaintiff by his OAvn negligence contribute to said injuries?” Answer: “No.” “3. What amount, if any, is the plaintiff entitled to recover of the defendant?” Answer: “Five hundred dollars.” At the conclusion of the evidence the defendant moved to nonsuit the plaintiff, which motion, was denied, and defendant excepted. From the judgment rendered defendant…
1Opinion of the CourtEhown, J.
The plaintiff was a brakeman of a freight train, in defendant’s employment. At the time of the injury he was not on duty, but was on his way to his home at Mount Olive from Wilmington. He was traveling on a freight train by permission of the “boss man,” who refused him a pass, but told him to get aboard the freight and go home. Plaintiff was riding on the engine when the train reached Magnolia. The conductor directed him to get off and see the agent and inquire if there was a package of flowers for him. The conductor told plaintiff to get the flowers and then catch the train. The plaintiff…
2Cases cited6 opinions
- Johnson v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1902
- Burgin v. Richmond & Danville RailroadSupreme Court of North Carolina · 1894
- Denny v. North Carolina RailroadSupreme Court of North Carolina · 1903
- Morrow v. Atlanta & Charlotte Air Line Railway Co.Supreme Court of North Carolina · 1903
- Hunter v. Cooperstown & Susquehanna Valley RailroadNew York Court of Appeals · 1889
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3Cited by4 opinions
- Deans v. . R. R.Supreme Court of North Carolina · 1890
- Morrow v. . R. R.Supreme Court of North Carolina · 1903
- Snow Lumber Co. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1909
- Reeves v. North Carolina RailroadSupreme Court of North Carolina · 1909