Davis v. Southern Railway Co.
Supreme Court of North Carolina
Appeal by defendants from Ferguson, J., at tbe February Term, 1918, of BUNCOMBE. Tbis is an action brought by tbe plaintiff administratrix against tbe defendant for tbe recovery of damages on account of tbe alleged negligent killing of plaintiff’s intestate, Julian Carr Davis, a sixteen-year-óld boy, in tbe yards of tbe defendant at Asheville on 18 November, 1916. Plaintiff’s intestate was a messenger boy of tbe defendant, and was charged with tbe duty of delivering messages…
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Appeal by defendants from Ferguson, J., at tbe February Term, 1918, of BUNCOMBE. Tbis is an action brought by tbe plaintiff administratrix against tbe defendant for tbe recovery of damages on account of tbe alleged negligent killing of plaintiff’s intestate, Julian Carr Davis, a sixteen-year-óld boy, in tbe yards of tbe defendant at Asheville on 18 November, 1916. Plaintiff’s intestate was a messenger boy of tbe defendant, and was charged with tbe duty of delivering messages from tbe yardmaster’s office to various employees of tbe defendant in tbe railroad yards. Tbe evidence offered by tbe…
1Opinion of the CourtAlleN, J.
Contributory negligence is not a defense in an action to recover damages on account of negligence under the Employer’s Liability Act, and it cannot, therefore, be taken into consideration on a motion for judgment of nonsuit.
We can deal only with the evidence relied on to prove the negligence of the defendant, which must be construed most favorably for the plaintiff, and when so considered, we are of opinion evidence was introduced on the trial fit to be considered by the jury.
The evidence tends to prove that the deceased was where he-had the right to be in the performance of a duty; that he…
2Cases cited7 opinions
- Aerkfetz v. HumphreysSupreme Court of the United States · 1892
- Ramsbottom v. RailroadSupreme Court of North Carolina · 1905
- Seaboard Air Line Railway v. TilghmanSupreme Court of the United States · 1915
- Lassiter v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1903
- Norman v. Charlotte Electric Railway Co.Supreme Court of North Carolina · 1914
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Cobia v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1924
- Daughtry v. ClineSupreme Court of North Carolina · 1944
- Daughtry v. . ClineSupreme Court of North Carolina · 1944
- Green v. BolenSupreme Court of South Carolina · 1960
- Moore v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1923
6 more not listed; retrieve them via the Exa API.