Legal Opinion

Ferebee v. Norfolk Southern Railroad

Supreme Court of North Carolina

Decided October 29, 1913PublishedCited by 18 opinions

Ax^peal by defendant from Garter, J., at February Term, 1913, of Wake. Civil action for damages for personal injuries caused by alleged negligence on the part of defendant company.

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Ax^peal by defendant from Garter, J., at February Term, 1913, of Wake. Civil action for damages for personal injuries caused by alleged negligence on the part of defendant company. Tbe action was brought under tbe Federal Employers’ Liability Act,. tbe train on wbicb plaintiff was employed and injured beixig engaged at tbe time in interstate commerce, and was submitted and determined on tbe following issues and verdict: 1. 'Was tbe plaintiff injured by tbe negligence of tbe defendant, as alleged in tbe complaint? Answer: Yes. 2. Wbat is tbe whole amount of damages, if any, sustained by tbe…

1Opinion of the CourtHoke, J.

We find no reversible error affecting tbe determination of tbe first and third issues. There was evidence tending to show that, at tbe time of tbe occurrence, plaintiff was an employee of defendant company, as baggage master and flagman on a train carrying passengers and freight from Raleigh, N. C., to'Norfolk, Ya., and that it was apart of plaintiff’s duties to go out on the steps of the baggage car as the train moved into- a station yard for the purpose of receiving the United States mail and, further, of preventing persons from getting on or off train when it was in motion, and to assist…

2Cases cited3 opinions

  1. Statler v. George A. Ray Manufacturing Co.New York Court of Appeals · 1909
  2. Keyes v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1886
  3. Pittsburg, C., C. & St. L. Ry. Co. v. StoryAppellate Court of Illinois · 1896

3Cited by18 opinions

  1. Johnson v. Ruark Obstetrics & Gynecology Associates, P.A.Supreme Court of North Carolina · 1990
  2. Ridge v. Norfolk Southern RailroadSupreme Court of North Carolina · 1914
  3. Williamson v. BennettSupreme Court of North Carolina · 1960
  4. Ferebee v. Norfolk Southern RailroadSupreme Court of North Carolina · 1914
  5. Olan Mills, Inc. v. Cannon Aircraft Executive Terminal, Inc.Supreme Court of North Carolina · 1968

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