Legal Opinion

King v. Atlantic Coast Line Railroad

Supreme Court of North Carolina

Decided November 15, 1911PublishedCited by 31 opinions

Appeal from Whedbee, J., at October Term, 1910, of New HaNOVER. The plaintiff brings this action to recover damages for personal injuries caused, as he alleges, by the negligence of the defendant. The defendant denies negligence and alleges, as a defense, that the defendant maintains a relief department; that the plaintiff was a member-thereof, and that after he was injured he accepted benefits from said department, which, under its rules and regulations, bars a recovery.

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Appeal from Whedbee, J., at October Term, 1910, of New HaNOVER. The plaintiff brings this action to recover damages for personal injuries caused, as he alleges, by the negligence of the defendant. The defendant denies negligence and alleges, as a defense, that the defendant maintains a relief department; that the plaintiff was a member-thereof, and that after he was injured he accepted benefits from said department, which, under its rules and regulations, bars a recovery. Evidence was offered by the plaintiff in support of his contention. The defendant introduced evidence in rebuttal, and…

1Opinion of the Court

CLARK, C. J. and BROWN and WALKER, JJ., concur in result. HOKE, J., concurs in opinion as written. The plaintiff brings this action to recover damages for personal injuries caused, as he alleges, by the negligence of the defendant. The defendant denies negligence and alleges, as a defense, that the defendant maintains a relief department; that the plaintiff was a member thereof, and that after he was injured he accepted benefits from said department. which, under its rules and regulations, bars a recovery.

Evidence was offered by the plaintiff in support of his contention. The defendant…

2Cases cited48 opinions

  1. Holden v. HardySupreme Court of the United States · 1898
  2. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. MontgomeryIndiana Supreme Court · 1898
  3. Kromer v. . HeimNew York Court of Appeals · 1879
  4. Petty v. Brunswick & Western Railway Co.Supreme Court of Georgia · 1900
  5. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. MooreIndiana Supreme Court · 1899

43 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Dalton v. CampSupreme Court of North Carolina · 2001
  2. Davis v. DavisSupreme Court of North Carolina · 1962
  3. Austin Maintenance & Construction, Inc. v. Crowder Construction Co.Court of Appeals of North Carolina · 2012
  4. Cowart v. HoneycuttSupreme Court of North Carolina · 1962
  5. Duke Energy International, L.L.C. v. NapoliDistrict Court, S.D. Texas · 2010

26 more not listed; retrieve them via the Exa API.

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