Kinney v. North Carolina Railroad

Citations

• 30 S.E. 313
• 122 N.C. 961

Syllabus

<p>Action for Damages — Master and Servant — Injury to Employee — Negligence—Evidence—Instructions—Fel-loio-Servant.</p> <p>1. The collision of two passenger trains in the day time and on the same track and with terrific force, is in itself evidence of negligence— res ipsa loquitur.</p> <p>2. Where the evidence on a trial is essentially conflicting it is not error to refuse to charge that, if the jury believe the evidence, they should find for the party making the request.</p> <p>3. An instruction charging the jury that, if they believed the evidence, they should find certain evidential facts to be true and that thereupon, certain other facts must be true, was properly refused as it is beyond the power of the Court to express an opinion on the evidence. (Section 413 of The Code.)</p> <p>4. Where, in the trial of an action for damages for injuries to the plaintiff, an engineer of a train, resulting from the alleged negligence of the defendant company, the jury found that the plaintiff did not contribute to his own hurt, it was immaterial under the act abolishing the doctrine of “fellow-servant.” Chapter 56, (Private) Acts of 1897, which servant of the defendant was guilty of the negligence.</p> <p>5. A lessor railroad company is liable for the negligent acts of its lessee while operating its own trains over the leased track.</p>