Goodman v. Tallahassee Power Co.
Supreme Court of North Carolina
Appeal by defendant from Cline, J., at August Term, 1917, of Oabakrus. This is an action to recover damages for personal injury. Tbe plaintiff, 'W. C. Goodman, was working for the defendant Tallahassee Power Company as an electrical helper at Badin, N. 0., on or about 22 March, 1916, and had been so working for some time prior thereto. On tbat day, be, with two other electricians, went out to do some work.
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Appeal by defendant from Cline, J., at August Term, 1917, of Oabakrus. This is an action to recover damages for personal injury. Tbe plaintiff, 'W. C. Goodman, was working for the defendant Tallahassee Power Company as an electrical helper at Badin, N. 0., on or about 22 March, 1916, and had been so working for some time prior thereto. On tbat day, be, with two other electricians, went out to do some work. They went to their work on what is known as a “speeder,” which was operated on the railroad track built by the defendant. Said track was used by the defendant for the purpose of hauling…
1Opinion of the CourtAllen, J.
Conceding that the plaintiff and Seaford, the driver of the speeder, were fellow-servants, as the defendant contends, the defense that the defendant is not responsible for an injury caused by the negligence of a fellow-servant cannot avail the defendant if it was operating a railroad at the time of the injury to the plaintiff, within the meaning of section 2646 of the Eevisal, which abolishes the doctrine of fellow-servants as to railroads, and provides that “Any servant or employee of any railroad company operating in this State who shall suffer injury to his person ... by the negligence ...…
2Cases cited7 opinions
- Hemphill v. . Lumber Co.Supreme Court of North Carolina · 1906
- Schus v. Powers-Simpson Co.Supreme Court of Minnesota · 1902
- Twiddy v. Dare Lumber Co.Supreme Court of North Carolina · 1911
- Carter v. Coharie Lumber Co.Supreme Court of North Carolina · 1912
- Bloxham v. Stave & Timber Corp.Supreme Court of North Carolina · 1916
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3Cited by3 opinions
- Bloxham v. . Timber CorporationSupreme Court of North Carolina · 1916
- Wallace v. Tallahassee Power & Light Co.Supreme Court of North Carolina · 1918
- Corporation Commission Ex Rel. Raleigh Granite Co. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1924