Cable v. Southern Railway Co.
Supreme Court of North Carolina
Civil ACTION for damages tried before Mclver, J., and a jury at August Term, 1897, of Guilford Superior Court. The facts are stated in the opinion. After all the evidence liad been offered and argument had commenced, his Honor stated that he would charge the jury that the plaintiff, on his own testimony, could not recover; whereupon the plaintiff; submitted to a non-suit and appealed.
1Opinion of the Court
Douglas, J.:
This is an action brought by the plaintiff to recover damages for personal injuries alleged to have been caused by the negligence of the defendant. The plaintiff, a passenger on defendant’s train, was carried past his destination and was injured by stepping off the train, while in motion, by the direction of the conductor, as alleged. After the dose of the testimony, the Court below refused all prayers for instruction offered by the plaintiff, and “stated that he would charge the jury that the plaintiff on his own testimony was not entitled to recover. Whereupon, the plaintiff…
2Cases cited20 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Kane v. Northern Central Railway Co.Supreme Court of the United States · 1888
- Jones v. East Tennessee, Virginia & Georgia RailroadSupreme Court of the United States · 1888
- Spruill v. Northwestern Mutual Life InsuranceSupreme Court of North Carolina · 1897
- Wittkowsky v. WassonSupreme Court of North Carolina · 1874
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3Cited by32 opinions
- Cox v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1898
- Ft. Smith W. R. Co. v. FordSupreme Court of Oklahoma · 1912
- Cogdell v. Wilmington & Weldon R. R.Supreme Court of North Carolina · 1899
- Green v. . BiggsSupreme Court of North Carolina · 1914
- Gates v. . MaxSupreme Court of North Carolina · 1899
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