Mizell Ex Rel. Mizell v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal by defendants from Lyon, J., at November Term, 1920, of Beetle. This is an action to recover damages for personal injuries sustained by tbe plaintiff, while a passenger, in alighting from the passenger coach. The injury occurred and the cause of action arose 19 December, 1919, during Federal control. The action was begun 28 September, 1920, after the termination of Federal control.
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Appeal by defendants from Lyon, J., at November Term, 1920, of Beetle. This is an action to recover damages for personal injuries sustained by tbe plaintiff, while a passenger, in alighting from the passenger coach. The injury occurred and the cause of action arose 19 December, 1919, during Federal control. The action was begun 28 September, 1920, after the termination of Federal control. The complaint was filed 5 October, before the return date of the summons, and on 23 October, 1920, the defendants filed their petition for removal to the Federal Court, together with their answer. The cause…
1Opinion of the Court
Clark, 0. J.
Tbe plaintiff, a student in Greenville, N. 0., purchased a ticket to Aulander, in Bertie County, N. C. As she was leaving tbe train at tbe latter point tbe injury occurred, as tbe complaint avers, for tbe want of a footstool or any assistance to aligbt, tbe distance between tbe lower step and tbe ground being about 30 inches.
Tbe petition for removal to tbe Federal Court avers that tbe Atlantic Coast Line is a foreign corporation, and a nonresident in tbe State of North Carolina. It also alleges that Director General Hines resides in New York, and John Barton Payne, who was…
2Cases cited8 opinions
- Hocutt v. Wilmington & Weldon R. R.Supreme Court of North Carolina · 1899
- Staton v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1907
- Hill ex rel. Ray v. Director-General of RailroadsSupreme Court of North Carolina · 1919
- Brown v. JacksonSupreme Court of North Carolina · 1920
- Hill v. . R. R.Supreme Court of North Carolina · 1919
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3Cited by2 opinions
- Bolick v. American Barmag Corp.Supreme Court of North Carolina · 1982
- Hill v. . R. R.Supreme Court of North Carolina · 1919