Kearney v. Seaboard Air Line Railway Co.
Supreme Court of North Carolina
Arpeal from Ferguso.n, J., at October Term, 1911, of FraNK-LIN. This is an action to recover damages for personal injuries caused by a car, on which plaintiff had been riding as a passenger, passing over his foot, making amputation necessary. The plaintiff, a man 69 years old, was a passenger on defendant’s train on the night of 26 October, 1910, from Louisburg, N. 0., to Franklinton, N. 0. The train consisted of six box cars and two passenger coaches.
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Arpeal from Ferguso.n, J., at October Term, 1911, of FraNK-LIN. This is an action to recover damages for personal injuries caused by a car, on which plaintiff had been riding as a passenger, passing over his foot, making amputation necessary. The plaintiff, a man 69 years old, was a passenger on defendant’s train on the night of 26 October, 1910, from Louisburg, N. 0., to Franklinton, N. 0. The train consisted of six box cars and two passenger coaches. The defendant operates a branch line between Louisburg and Franklinton, and in getting into the station at the latter point the trains pass…
1Opinion of the CourtAixbN, J.
At the conclusion of the evidence the defendant moved for judgment of nonsuit, upon three grounds:(1) That there was no evidence of negligence on the part of the defendant, causing injury to the plaintiff.(2) That the plaintiff was guilty of contributory negligence, on his own evidence.(3) That the plaintiff was injured while riding on the platform of the train, in violation of section 2628 of the Revisal.
In the determination of this motion, we must accept the evidence of the plaintiff as true, and, guided by the rule of the “prudent man,” which is the standard, must consider not only the…
2Cases cited13 opinions
- Black v. New York, New Haven, & Hartford Railroad Co.Massachusetts Supreme Judicial Court · 1907
- Tillett v. Norfolk & Western R. R.Supreme Court of North Carolina · 1896
- Marable v. RailroadSupreme Court of North Carolina · 1906
- Ruffin v. RailroadSupreme Court of North Carolina · 1906
- Nance v. Carolina Central RailroadSupreme Court of North Carolina · 1886
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3Cited by3 opinions
- Kennedy v. FlemingSupreme Court of Kansas · 1923
- Thorp v. Durham Traction Co.Supreme Court of North Carolina · 1912
- Brown v. Asheville Power & Light Co.Supreme Court of North Carolina · 1916