Ray v. Railroad
Supreme Court of North Carolina
ActioN by J. C. Ray against Aberdeen & Rock Fisk Railroad Co., beard by Judge C. 8. Ferguson and a jury, at the October Term, 1905, of the Superior Court of ScotlaND.
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ActioN by J. C. Ray against Aberdeen & Rock Fisk Railroad Co., beard by Judge C. 8. Ferguson and a jury, at the October Term, 1905, of the Superior Court of ScotlaND. There was allegation and evidence tending to show that on or about December the 26th, 1900, the plaintiff was a passenger on defendant’s train going to Aberdeen, N. O. About a half mile from Aberdeen the train was run on to a “Y” and backed in towards the depot, and at a point about 200 yards from the depot the train was stopped, and on a call from the conductor, “All off for Aberdeen,” the plaintiff and other passengers…
1Opinion of the Court
Hoke, J.,
after stating the case: Upon the foregoing facts the court is of opinion there was error in directing a non-suit, and the plaintiff is entitled to have bis cause submitted to a jury under proper instructions. It was a negligent act to back a train onto a railroad yard where persons, passengers or others were accustomed to stand or move about, either as of right or in the discharge of some duty, or by permission of the company, evidenced by established usage without warning of any kind and without having some one in a position to observe the condition of the track and signal the…
2Cases cited6 opinions
- Purnell v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1898
- Lassiter v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1903
- Sherrill v. RailroadSupreme Court of North Carolina · 1905
- Baltimore City Passenger Ry. Co. v. CooneyCourt of Appeals of Maryland · 1898
- Reid v. RailroadSupreme Court of North Carolina · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Redmon v. . R. R.Supreme Court of North Carolina · 1928
- Hudson v. RailroadSupreme Court of North Carolina · 1906
- Farris v. Southern Railway Co.Supreme Court of North Carolina · 1909
- Snipes v. Camp Manufacturing Co.Supreme Court of North Carolina · 1910
- Newbern v. . LearySupreme Court of North Carolina · 1939
36 more not listed; retrieve them via the Exa API.