20 S.E. 473 (N.C. 1894), Burgin v. Richmond & D.R. Co.
| Docket Number | . |
| Date | 04 December 1894 |
| Citation | 20 S.E. 473,115 N.C. 673 |
| Parties | BURGIN v. RICHMOND & D. R. CO. |
| Court | North Carolina Supreme Court |
Page 473
Appeal from superior court, McDowell county; Allen, Judge.
Action by R. M. Burgin against the Richmond & Danville Railroad Company. There was a judgment for defendant, and plaintiff appeals. Affirmed.
The mere fact that a train fails to stop as is its duty to do, or as the conductor has promised, does not justify a passenger in jumping off from it while moving, unless notified to do so by the carrier's agent, and the attempt is not obviously dangerous.
The complaint and demurrer were as follows:
Complaint: "(1) That defendant is a corporation, etc. (2) That as such corporation it became and was a part of its duty to run over its road trains or cars for the accommodation of passengers traveling over its road, and was at the time and date hereinafter mentioned. (3) That on the 17th of July, 1892, the plaintiff, wishing to travel from Greenlee siding on said road, which is only a flag station and has no ticket office, to Round Knob, got on defendant's train, and paid his fare of thirty cents to the conductor, stating to him that he desired to get off at Round Knob, which is one of the stations on defendant's road in the county of McDowell, where it was the duty of defendant to stop its train to let off passengers, and especially this plaintiff; but defendant, through its officers and agents in charge of said train, negligently and carelessly failed and refused to stop its said train at said station, so that plaintiff, who was compelled to stop at said
Page 474
station, being at the time on his way home to the bedside of one of his children, who was at the time in a dying condition, jumped from said train as it was passing said station of Round Knob, and in so doing was painfully and seriously injured in both his legs, arms and side, breaking one or more of his ribs, which said injury the plaintiff avers was caused by the gross negligence of defendant, through its officers and agents, as aforesaid, failing to stop its train as it had undertaken and promised plaintiff to do at the time of receiving his fare; and plaintiff avers that he was without fault in receiving said injuries. (4) That, by reason of said injuries caused by the gross negligence of defendant, the plaintiff has been greatly and seriously damaged, to wit, in the sum of $1,500. (5) That defendants [naming the receivers]...
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