Whitener v. . R. R.

Supreme Court of North Carolina

Whitener v. . R. R.

72 S.E. 1059, 157 N.C. 564, 1911 N.C. LEXIS 92

Supreme Court of North Carolina·Decided December 13, 1911·Published

Opinion

This action is to recover damages for personal injury received from a piece of rock striking plaintiff in the eye while driving crushed ballast under the railroad ties with a tamping pick.

His Honor sustained defendant's motion to nonsuit and dismissed the action. Plaintiff appealed. Upon a review of the record in this case we are of opinion that his Honor correctly sustained the motion to nonsuit. House v. R. R.,152 N.C. 397, and cases cited; Dunn v. R. R., 151 N.C. 313. The injury was evidently the result of an accident, which the evidence fails to account for. Martin v. Manufacturing Co., 128 N.C. 264.

Affirmed.

(565)

Free access — add to your briefcase to read the full text and ask questions with AI

This action is to recover damages for personal injury received from a piece of rock striking plaintiff in the eye while driving crushed ballast under the railroad ties with a tamping pick.

His Honor sustained defendant's motion to nonsuit and dismissed the action. Plaintiff appealed. Upon a review of the record in this case we are of opinion that his Honor correctly sustained the motion to nonsuit. House v. R. R.,152 N.C. 397, and cases cited; Dunn v. R. R., 151 N.C. 313. The injury was evidently the result of an accident, which the evidence fails to account for. Martin v. Manufacturing Co., 128 N.C. 264.

Affirmed.

(565)

Whitener v. . R. R., 72 S.E. 1059, 157 N.C. 564, 1911 N.C. LEXIS 92 (N.C. 1911).

Pincite

72 S.E. 1059 (Whitener v. . R. R.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related