Ridge v. Norfolk Southern Railroad
Supreme Court of North Carolina
Appeal by defendant from Adams, J., at July Term, 1914, of RaN-dolph. Tbis is an action to recover damages for injuries alleged to bave been caused by defendant’s negligence.
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Appeal by defendant from Adams, J., at July Term, 1914, of RaN-dolph. Tbis is an action to recover damages for injuries alleged to bave been caused by defendant’s negligence. Tbe testimony of tbe plaintiff in bis own behalf will sufficiently show tbe "nature of tbe case and enable us to understand tbe exceptions: He is 23 years old, bad lived in Asbboro for about seventeen years, and bad worked for tbe Norfolk Southern Railroad Company, beginning on 4 August, 1913. Started as flagman; didn’t bave any special run, but was a new man and was put anywhere on tbe road when they bad a vacancy.…
1Opinion of the Court
Walker, J.,
after stating the case: The counsel of defendant, in their argument before us, and also in their brief, laid great stress upon the position that there was no evidence that the car from which the plaintiff fell was defective, and for this reason the instructions of the court, to which they had excepted, were unwarranted and erroneous, and not that they did not state correctly the legal principle applicable to the case, if there had been such evidence. Defendant also moved to nonsuit for the same reason. We agree with them that it is necessary, in all cases, that there should be…
2Cases cited44 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- Sweeney v. ErvingSupreme Court of the United States · 1913
- Texas & Pacific Railway Co. v. BehymerSupreme Court of the United States · 1903
- Insurance Co. v. BoonSupreme Court of the United States · 1877
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3Cited by70 opinions
- Dallas Ry. & Terminal Co. v. DardenTexas Commission of Appeals · 1931
- Dail v. . TaylorSupreme Court of North Carolina · 1909
- Helmstetler v. Duke Power Co.Supreme Court of North Carolina · 1945
- Thomas v. Motor LinesSupreme Court of North Carolina · 1949
- Greene v. NicholsSupreme Court of North Carolina · 1968
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