Suttle v. Southern Railway Co.
Supreme Court of North Carolina
' ActioN tried before -Ward, Jand a jury, at October Term, 1908, of Buncombe. Tbe evidence tended to show tbat, on or about 8 October, 1905, plaintiff was a passenger on a mixed train of-defendant company — a freight train, having a passenger coach attached — ■ from Shelby to Asheville, N. 0., and while in the coach he was knocked down and seriously injured by a sudden and unusual jolt given by defendant’s employees in shifting other cars of the train which had been…
Read the full summary
' ActioN tried before -Ward, Jand a jury, at October Term, 1908, of Buncombe. Tbe evidence tended to show tbat, on or about 8 October, 1905, plaintiff was a passenger on a mixed train of-defendant company — a freight train, having a passenger coach attached — ■ from Shelby to Asheville, N. 0., and while in the coach he was knocked down and seriously injured by a sudden and unusual jolt given by defendant’s employees in shifting other cars of the train which had been detached. Speaking to the occurrence, the plaintiff testified, in part, as follows: Question: “Did you get hurt at any time…
1Opinion of the Court
Hoke, J.,
after stating tbe case: There has been no error committed in tbe trial of this case which gives tbe defendant" any just ground of complaint.
Where a person has been received as a passenger on one of these mixed trains, whether in a passenger coach or caboose or a car temporarily fitted for the purpose, he is entitled to the highest degree of “care and diligence of which such trains are susceptible.” While the difference in the character and purposes of the trains may, and should be, given due consideration in reference to their proper management and control, there is no relaxation as…
2Cases cited9 opinions
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Pittsburg, Cincinnati & St. Louis Railway Co. v. ThompsonIllinois Supreme Court · 1870
- Tillett v. Norfolk & Western R. R.Supreme Court of North Carolina · 1896
- Tuller v. TalbotIllinois Supreme Court · 1860
- Marable v. RailroadSupreme Court of North Carolina · 1906
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hamilton v. . R. R.Supreme Court of North Carolina · 1931
- Jepsen v. Gallatin Valley Ry. Co.Montana Supreme Court · 1921
- Hamilton v. Southern Railway Co.Supreme Court of North Carolina · 1931
- Kearney v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1912
- Lamb v. . R. R. Co.Supreme Court of North Carolina · 1920
5 more not listed; retrieve them via the Exa API.