Moss v. North Carolina R. Co

• Court: North Carolina Supreme Court
• Writing for the Court: FAIRCLOTH
• Citation: Moss v. North Carolina R. Co, 29 S.E. 410, 122 N.C. 889 (N.C. 1898)
• Decision Date: 22 March 1898
• Parties: MOSS . v. NORTH CAROLINA R. CO.

29 S.E. 410

122 N.C. 889

MOSS .

v.NORTH CAROLINA R. CO.

Supreme Court of North Carolina.

March 22, 1898.

Carriers—Negligence—Pleading and Proof.

In an action for personal Injuries by a passenger against a railroad company, based on allegations of negligence in failing to stop its train at a station, where she was to change cars, to allow her to get off, and in suddenly and carelessly accelerating the speed of the train while she was getting off there, plaintiff cannot recover for the failure of the companyto show her the safe way to go from one train to another at said station, or from any train to the station, or from the station to any train.

Appeal from superior court, Alamance county; Adams, Judge.

Action by Parry Lee Moss, by next friend, against the North Carolina Railroad Company. Judgment for plaintiff. Defendant appeals. Reversed.

F. H. Busbee and A. B. Andrews, Jr., for appellant.

E. S. Parker, Jr., A. W. Graham, and J. A. Long, for appellee.

FAIRCLOTH, C, J. The plaintiff sues for personal injury caused by the alleged negligence of the defendant. The plaintiff entered defendant's passenger car at Oxford en route to Chapel Hill, N. C. At University station, on said line, it was necessary to change cars, and take the Chapel Hill train, which stood out some short distance from the station where the train on which the plaintiff came usually stops. The complaint alleges: "That when the train upon which they came [the plaintiff and her mother] reached the said University station that It did not stop, but continued moving slowly by said station; that the said Parry Lee Moss, accompanied by her mother, came upon the platform of the car In which they were, and that the conductor of said train commanded them in an angry and vehement way to get off if they were going to get off, and that at the said command the said Parry Lee Moss immediately descended from said train, and that while she was in the act of so descending the speed of said train was suddenly accelerated; and that, owing to the failure of the said train to stop at said University station, and to the sudden and careless acceleration of the speed of the said train, and owing to the command of said conductor, that the said Parry Lee Moss was thrown under the train, and her feet crushed, to her great damage, " etc. These allegations were denied, and there was conflicting evidence on each material point.

First issue: "Was the plaintiff injured by the negligence of the defendant, as alleged in the...