Cherry v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Civil actioh, tried before Stacy, J., at April Term, 1917, of Pitt, upon, these issues: 1. Was the plaintiff injured by the negligence of the defendant, as alleged in the complaint? Answer: Yes. 2. Was the plaintiff employed by the defendant in interstate commerce, and engaged in such commerce at the time of his injury? Answer: Yes. 3. Did the plaintiff voluntarily assume risk of injury, as alleged in the answer? Answer: No. 4. What damage, if any, is plaintiff entitled to…
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Civil actioh, tried before Stacy, J., at April Term, 1917, of Pitt, upon, these issues: 1. Was the plaintiff injured by the negligence of the defendant, as alleged in the complaint? Answer: Yes. 2. Was the plaintiff employed by the defendant in interstate commerce, and engaged in such commerce at the time of his injury? Answer: Yes. 3. Did the plaintiff voluntarily assume risk of injury, as alleged in the answer? Answer: No. 4. What damage, if any, is plaintiff entitled to recover? Answer: $700. From the judgment rendered, defendant appealed.
1Opinion of the CourtBrown, J.
The evidence tends to prove that the plaintiff was employed as section master on defendant’s road; that among other tracks in plaintiff’s charge was a spur track in the town of Greenville, leading to a tobacco company’s warehouse. Plaintiff was ordered by the road-master, a superior officer, to make repairs upon said spur track before the arrival of a freight train which was then in the block. The spur track was used by defendant in both its interstate and intrastate business. Oars were frequently loaded' on the spur track at the American Tobacco Company’s warehouse for transportation to…
2Cases cited3 opinions
- Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
- Zikos v. Oregon R. & Navigation Co.U.S. Circuit Court for the District of Eastern Washington · 1910
- Pigford v. Norfolk Southern RailroadSupreme Court of North Carolina · 1912
3Cited by7 opinions
- Jarvis v. Erwin Cotton Mills Co.Supreme Court of North Carolina · 1927
- Hines v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1923
- Barrett v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1926
- Jackson v. . Construction CompanySupreme Court of North Carolina · 1929
- Jackson v. J. A. Jones Construction Co.Supreme Court of North Carolina · 1929
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