Bean v. Western North Carolina Railroad
Supreme Court of North Carolina
This was a civil ACTION, tried at March Term, 1890, of BUNCOMBE Superior Court, before Connor, /., by plaintiff to recover damages for injuries sustained by him while he was in the service of the defendant railroad company as a brakeman on the freight train, occasioned by its negligence, etc.
Read the full summary
This was a civil ACTION, tried at March Term, 1890, of BUNCOMBE Superior Court, before Connor, /., by plaintiff to recover damages for injuries sustained by him while he was in the service of the defendant railroad company as a brakeman on the freight train, occasioned by its negligence, etc. Among other things, it is alleged'in the complaint — “3. That at the point where the engine and cars were thrown from the track, as mentioned in the preceding paragraph, there was a large mass of stone, being the end of an adjacent mountain, standing up at an angle of between forty-five and sixty…
1Opinion of the CourtMehRIMON, C. J.
after stating the case: The two first assignments of error have reference to the issues of fact — first, those which the Court submitted to the jury; and secondly, those proposed by the defendant, and which the Court refused to submit. The two may be considered and dispose^ of together. In this connection, it is important to observe the nature and purpose of the pleadings, and the same of the issues arising upon them, and how they arise.
The plaintiff alleges that he was the servant — a brakeman — on a train of cars of the defendant, and while he was employed about his duties as such, he…
2Cases cited1 opinion
- Porter v. Western North Carolina RailroadSupreme Court of North Carolina · 1887
3Cited by15 opinions
- Sanford v. Royal InsuranceWashington Supreme Court · 1895
- White v. Richmond & Danville RailroadSupreme Court of North Carolina · 1892
- Cheek v. . R. R.Supreme Court of North Carolina · 1938
- Jones v. Alabama & Vicksburg Railway Co.Mississippi Supreme Court · 1894
- Alderman v. BivinSupreme Court of South Carolina · 1958
10 more not listed; retrieve them via the Exa API.