Horton v. Seaboard Air Line Railway
Supreme Court of North Carolina
Civil acttoN, tried before Biggs, J., and a jury, at February Term, 1907, of the Superior Court of VaNCe County. Action for personal injury sustained by plaintiff while in the employment of defendant.
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Civil acttoN, tried before Biggs, J., and a jury, at February Term, 1907, of the Superior Court of VaNCe County. Action for personal injury sustained by plaintiff while in the employment of defendant. Plaintiff testified that he was, at the time of, and had been for many years before the injury complained of, in the employment of defendant as yard locomotive engineer at Henderson, N. C.; that on 10 December, 1903, Mr. Clark, the traveling engineer of defendant, who had charge of its engines and the duty of looking after them, came to Henderson and told him that the front end of the engine was…
1Opinion of the Court
CONNOR, J.,
after stating the case: Defendant, in the well-prepared brief and the oral argument of counsel, alleges as the first ground for a reversal of the judgment the refusal of 'his Honor to direct judgment of nonsuit. This contention involves the proposition that there was no evidence' of negligence fit for the consideration of the jury. It is conceded that plaintiff was in the line of his duty, acting by direction of an employee of the company having the power to give the order, and that Seagrave, whose alleged negligence in dropping the rod from his hand, was a fellow-servant, for…
2Cases cited3 opinions
- Womble v. . Grocery Co.Supreme Court of North Carolina · 1904
- Fitzgerald v. RailroadSupreme Court of North Carolina · 1906
- Sykes v. Van BibberCourt of Appeals of Maryland · 1898
3Cited by6 opinions
- Moore v. Southern RailroadSupreme Court of North Carolina · 1914
- Tisdale v. Union Tanning Co.Supreme Court of North Carolina · 1923
- Alexander v. . Mfg. Co.Supreme Court of North Carolina · 1903
- Board of Education v. . Lumber Co.Supreme Court of North Carolina · 1912
- State Board of Education v. Roanoke Railroad & Lumber Co.Supreme Court of North Carolina · 1912
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