White v. Norfolk Southern Railway Co.

91 S.E. 697, 173 N.C. 705, 1917 N.C. LEXIS 384

Opinion

PeR Otteiam.

In tbe petition to rehear tbis case it is said: “Tbe amount of money involved in tbis appeal is very little, and if that was all that was involved, tbis company would not have appealed tbe case to tbis Court. Tbe real question is one that is vital to tbe proper operation of trains in the real interest of 'the traveling public; that question is this: May any and all local agents of railroads abolish or change tbe published schedules of its trains?”

"We think tbe learned counsel for defendant have misconstrued our opinion. We have not decided that local agents of railroads may abolish or change tbe published schedules of trains. Tbe decision in tbis case is made to rest exclusively upon tbe unwarranted negligence of tbe defendant’s agent in misdirecting plaintiff in respect to tbe schedules of its trains. A cursory reading of tbe opinion, we think, makes that manifest .

Petition dismissed.