McNairy v. Norfolk & Western Railroad

BROWN, J., dissenting; WALKER, J., concurring in the dissenting opinion. The plaintiff, the holder of a mileage book, obtained in exchange a ticket over the defendant's train from Stoneville, N.C. to Madison, N.C. On arrival at the latter place at 8:30 p. m. he got off the train, but was informed by the agent at the hotel at which he proposed to spend the night that the hotel could not accommodate him. He then determined to take the train and go on to Walnut Cove to spend the night. The train stopped at Madison only about one or two minutes, and the plaintiff testified that the ticket agent…