Hayes v. Railroad
Supreme Court of North Carolina
Aotion by Samuel Hayes against the Atlanta & Charlotte Air Line Railway Company, heard by Judge O. R. Allen and a jury, at the January Term, 1905, of the Superior Court of Mecklenburg. Plaintiff brought this action to recover damages for personal injuries alleged to have been caused by the negligence of defendant.
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Aotion by Samuel Hayes against the Atlanta & Charlotte Air Line Railway Company, heard by Judge O. R. Allen and a jury, at the January Term, 1905, of the Superior Court of Mecklenburg. Plaintiff brought this action to recover damages for personal injuries alleged to have been caused by the negligence of defendant. He was a switchman in defendant’s employ and belonged to the crew in charge of the “switch local” between Gastonia and Gaffney, which places were about 30 miles apart. Plaintiff complains that defendant used a road or line engine when it should have had a switch engine for that kind…
1Opinion of the Court
Walker, J.,
after stating the case: We will not discuss the question raised in the argument before us, whether it was the duty of defendant to have had a switch engine instead of a road engine for the use of the crew on its train, as it is not necessary to a decision of the case.
Plaintiff alleges that his injuries were caused by the negligence of defendant and specified different acts or omissions as constituting the negligence. Each act or omission, so alleged, was not pleaded nor intended to be treated as the basis of a separate and distinct cause of action, but as singly, or in connection…
2Cases cited4 opinions
- Mobley v. . WattsSupreme Court of North Carolina · 1887
- Hickory v. RailroadSupreme Court of North Carolina · 1905
- Davis v. . ElySupreme Court of North Carolina · 1888
- Hedrick v. PrattSupreme Court of North Carolina · 1886
3Cited by22 opinions
- Nowell v. BasnightSupreme Court of North Carolina · 1923
- Merrick v. Bedford.Supreme Court of North Carolina · 1906
- Nowell v. . BasnightSupreme Court of North Carolina · 1923
- Allen v. Atlanta & Charlotte Air Line Ry. Co.Supreme Court of South Carolina · 1950
- Midgett v. Manufacturing Co.Supreme Court of North Carolina · 1906
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