Cable v. Southern Railway Co.

Citations

• 29 S.E. 377
• 122 N.C. 892
• 1898 N.C. LEXIS 368

Syllabus

<p>Action for Damages — Appeal—Practice—Railroads— Injuries to Passenger — Passenger Alighting from Train — Negligence—Contributory Negligence.</p> <p>1. The burden of showing the negligence being upon the plaintiff in the trial of an action for damages resulting from the alleged negligence of the defendant, the Court may properly direct a verdict in favor of the defendant, when there is not any, or only a scintilla, of evidence tending to prove the negligence of the defendant.</p> <p>2. Where judgment of non-suit is entered against a plaintiff at the close of his evidence, only his evidence and so much of the defendant’s as is most favorable to the plaintiff will be considered on appeal and both must be considered in the light most favorable to him.</p> <p>3. Where, on the trial of an action for damages for injuries caused by the alleged negligence of defendant railroad company, it appeared by the plaintiff’s evidence that the defendant’s train on which plaintiff was a passenger, did not stop at the Station to which he had paid his fare and when he saw the conductor the latter said he had forgotten him and suggested that he should jump off the train as it was going slow, which plaintiff refused to do; and that the conductor then agreed that he would slow up the train at a safe place for plaintiff to alight and plaintiff consented to jump off and went upon the platform as the train slowed up but seeing a “go ahead” signal from the rear did not step off for that reason; that then, feeling the increased motion pf the train, he stepped off believing he was at a safe place and relying upon the conductor’s promise to put him off at a safe place, and was injured; Held, that the evidence of the defendant’s negligence was sufficient to be submitted to the jury.</p> <p>4. 'In determining whether the plaintiff’s evidence is sufficient to be submitted to a jury the Court cannot consider the defendant’s rebutting evidence no matter how strong in contradiction, for that would be