Palmer v. Winston-Salem Railway & Electric Co.
Supreme Court of North Carolina
AotioN by Alfred Palmer against the Winston-Salem Railway and Electric Company, heard by Judge A. L. Goble and a jury, at March Term, 1902, of the Superior Court of Eos-sythe County. From a judgment for the plaintiff, the defendant appealed.
1Opinion of the CourtClaRtc, J.
The plaintiff, while a passenger on the street car of the defendant and somewhat intoxicated, used grossly insulting words to the motorman. Arrived at his destination, the plaintiff got out, deposited his bundles on the sidewalk, returned to the car, again got into an altercation with the motorman, turned and left the car, whereupon the motorman followed him up and, two or three steps from the car, struck the plaintiff on the back of the head with the lever which controlled the car, knocking him down.
The fact that the plaintiff invited the assault by insulting language or provoking conduct…
2Cases cited9 opinions
- Creamer v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1892
- Cook v. Southern Railway Co.Supreme Court of North Carolina · 1901
- Atlanta Consolidated Street Ry. Co. v. BatesSupreme Court of Georgia · 1898
- Central Railway Co. v. PeacockCourt of Appeals of Maryland · 1888
- Brendle v. . R. R.Supreme Court of North Carolina · 1899
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Roberts v. RailroadSupreme Court of North Carolina · 1906
- Lewis v. . FountainSupreme Court of North Carolina · 1915
- Daniel v. . R. R.Supreme Court of North Carolina · 1895
- Dover v. . Manufacturing Co.Supreme Court of North Carolina · 1911
- Seawell v. Carolina Central RailroadSupreme Court of North Carolina · 1903
14 more not listed; retrieve them via the Exa API.