Wingate v. Atlantic & North Carolina Railroad
This text of 17 S.E.2d 6 (Wingate v. Atlantic & North Carolina Railroad) 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
Plaintiff’s action was for damages for personal injury caused by a fall from defendant’s train. She testified that when she stepped off the train the train was moving, and that caused her to fall. The general rule is that a passenger who is injured while alighting from a moving train may not recover for such injury. Stamey v. R. R., 208 N. C., 668, 182 S. E., 130. Upon the authority of this ease and the decisions there quoted, we conclude that the judgment of nonsuit was properly entered.
Affirmed.
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Cite This Page — Counsel Stack
17 S.E.2d 6, 220 N.C. 251, 1941 N.C. LEXIS 519, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wingate-v-atlantic-north-carolina-railroad-nc-1941.