Myers v. Norfolk & Western Railway Co.
Supreme Court of North Carolina
Appeal by defendant from Daniels, J., at January Term, 1913, of Wilkes. Civil action for damages for a personal injury to a railroad employee, tried upon these issues: 1. Was the plaintiff injured by the negligence of the defendant? A. Yes. 2. t)id the plaintiff by his own negligence contribute to his own injury? A. Yes. 3. Did the plaintiff execute the release offered in evidence by the defendant? A. Yes. 4. Was the plaintiff induced to sign the release by the fraud and…
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Appeal by defendant from Daniels, J., at January Term, 1913, of Wilkes. Civil action for damages for a personal injury to a railroad employee, tried upon these issues: 1. Was the plaintiff injured by the negligence of the defendant? A. Yes. 2. t)id the plaintiff by his own negligence contribute to his own injury? A. Yes. 3. Did the plaintiff execute the release offered in evidence by the defendant? A. Yes. 4. Was the plaintiff induced to sign the release by the fraud and deceit of the defendant’s agent? A. Yes (but set aside on motion of defendant). 5. "Was the plaintiff 21 years of age when…
1Opinion of the CourtBeowN, J.
Thi.s action was tried under the act-, of Congress known as the Federal Employers’ Liability Act.
The evidence tended to prove these facts: Plaintiff,, a resident of Wilkes County, North Carolina, was employed by the defendant company, and in February, 1911, was working in West Virginia as a hand on an extra force on a work train. His business was to assist in surfacing up the roadbed, straighten out freight wrecks, and when there were slides, to clean them up. He was working under Mr. Shaw, general foreman of the work train, and under Mr. Lineberry, the assistant foreman. On Sunday, 12…
2Cases cited5 opinions
- The Employers'liability CasesSupreme Court of the United States · 1908
- Adair v. United StatesSupreme Court of the United States · 1908
- Fleming v. Norfolk Southern RailroadSupreme Court of North Carolina · 1912
- Pedersen v. Delaware, L. & W. R.Court of Appeals for the Third Circuit · 1912
- Grant v. National Bank of AuburnDistrict Court, N.D. New York · 1912
3Cited by4 opinions
- Alexander v. Richmond Cedar WorksSupreme Court of North Carolina · 1919
- Alexander v. . Cedar WorksSupreme Court of North Carolina · 1919
- Zachary v. . R. R.Supreme Court of North Carolina · 1911
- Bourne v. Southern Railway Co.Supreme Court of North Carolina · 1945