Brown v. Southern Railway Co.
Supreme Court of North Carolina
AotioN to recover damages for personal injuries, tried at October Term, 1906, of the Superior Oourt of Buncombe county, before O. LI. Allen, J., and a jury. The usual issues of negligence, contributory negligence and damage were submitted. The findings were in favor of the plaintiff. Erom the judgment rendered, the defendant appealed.
1Opinion of the CourtBrown, J.
The evidence in behalf of the plaintiff tends to prove that he belonged to a “regular section squad” of the defendant, and that at the time of the injury he was engaged in repairing defendant’s track, under the direction of Foreman Lominac, in the depot' yard at Alexander, a station on defendant’s road. At this point there is a main track and two side tracks. The plaintiff, with the others of the squad, was engaged in leveling ballast between the rails of-the center or main track. While so engaged he was run into by an approaching freight train and injured. At the time of the injury plaintiff…
2Cases cited1 opinion
- Smith v. Atlanta & Charlotte Air Line Railway Co.Supreme Court of North Carolina · 1903
3Cited by8 opinions
- Daughtry v. ClineSupreme Court of North Carolina · 1944
- Daughtry v. . ClineSupreme Court of North Carolina · 1944
- Green v. BolenSupreme Court of South Carolina · 1960
- Smith v. . R. R.Supreme Court of North Carolina · 1903
- Moore v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1923
3 more not listed; retrieve them via the Exa API.