Jones v. Piedmont & Northern Railway Co.
This text of 95 S.E. 859 (Jones v. Piedmont & Northern Railway Co.) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The plaintiff, a boy under 21 years old, was injured while in employ of defendant as a section hand. In obedience to orders, he jumped off a loaded motor car to start it by running and pushing it and then jumping on again, when he was thrown off and injured.
There is sufficient evidence of negligence to justify the court in submitting the issue to the jury, and, therefore, the motion to nonsuit was properly overruled.
The jury found plaintiff guilty of contributory negligence and evidently considered the same in diminution of damages under the statute.
The four exceptions to the charge relate to the issue of negligence and are without merit. The judge submitted the case to the jury under instructions in line with the settled decisions of this Court.
We find
No error.
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Cite This Page — Counsel Stack
95 S.E. 859, 175 N.C. 721, 1918 N.C. LEXIS 150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-piedmont-northern-railway-co-nc-1918.