Richardson v. Wilmington & Weldon Railroad
Supreme Court of North Carolina
Civil ActioN for punitive damages ($10,000), for a malicious and wrongful discharge of plaintiff from service of defendant, beard before Moore, J., at September Term, 1890, of WayNE Superior Court. The cause assigned for the discharge of the plaintiff, a locomotive engineer, was the alleged "turning of his engine” by allowing the water to get too low in the boiler. This the plaintiff denied in his testimony given on the trial.
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Civil ActioN for punitive damages ($10,000), for a malicious and wrongful discharge of plaintiff from service of defendant, beard before Moore, J., at September Term, 1890, of WayNE Superior Court. The cause assigned for the discharge of the plaintiff, a locomotive engineer, was the alleged "turning of his engine” by allowing the water to get too low in the boiler. This the plaintiff denied in his testimony given on the trial. At the conclusion of plaintiff’s evidence, the defendant demurred thereto, and moved to nonsuit the plaintiff. Motion allowed. Plaintiff excepted, and appealed. The…
1Opinion of the CourtClark, J.
This action is not for defamation, for there is neither allegation of publication nor of special damage, which are the gist of such actions. 8 English Ruling Cases, 382-404. Nor can it be sustained for mailiciously inducing the Sea Coast Railroad Company to discharge the plaintiff, because it is admitted that that was done, if at all, after this action was brought. The action is brought for punitive damages for a malicious and wrongful discharge. The written contract with engineers put in evidence by the plaintiff shows that no duration is therein specified. Where such is the case, the usual…
2Cases cited6 opinions
- Solomon v. . BatesSupreme Court of North Carolina · 1896
- Purcell v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
- Brown Chemical Co. v. Atkinson, Cobb & Co.Supreme Court of North Carolina · 1884
- Morehead v. . BrownSupreme Court of North Carolina · 1859
- State Ex Rel. J. S. Wood & Co. v. SkinnerSupreme Court of North Carolina · 1843
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Newton v. Standard Fire InsuranceSupreme Court of North Carolina · 1976
- Childress v. AbelesSupreme Court of North Carolina · 1954
- Hobbs v. SmithSupreme Court of Oklahoma · 1911
- State v. Van PeltSupreme Court of North Carolina · 1904
- King v. Insurance Company of North AmericaSupreme Court of North Carolina · 1968
20 more not listed; retrieve them via the Exa API.