Freeland v. North Carolina Railroad
Supreme Court of North Carolina
Civil ACTION, tried before Ferguson, J., and a jury, at July Term, 1907, of tbe Superior Court of JVIeciclbNbuRG County. Judgment for plaintiff. Defendant appealed. Tbe facts sufficiently appear in tbe opinion of tbe Court.
1Opinion of the CourtClase, C. J.
Tbe plaintiff’s intestate was a brakeman on tbe defendant’s freight train. It was bis duty, upon leaving a station, to go over tbe top of tbe train of cars, from one end to tbe other, while tbe train was running, to see that all brakes were off and properly adjusted. While discharging this duty, in tbe night time, be fell off tbe train and was killed. There was in tbe train that night an empty “Armes palace horse car,” which was built with a round top and several inches higher than the other freight cars in the train. It had no walkway on top like that on other freight cars. It was built to…
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