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

DecidedDecember 13, 1911

StatusPublished

This text of 72 S.E. 1059 (Whitener v. . R. R.) 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.

Bluebook

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

Pincite

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)

Cite This Page — Counsel Stack

Bluebook (online)

72 S.E. 1059, 157 N.C. 564, 1911 N.C. LEXIS 92, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitener-v-r-r-nc-1911.

Opinion

Related

Cite This Page — Counsel Stack