Moss v. North Carolina Railroad

Citations

• 29 S.E. 410
• 122 N.C. 889
• 1898 N.C. LEXIS 367

Syllabus

<p>Action for Damages — Railroads—Public Carriers— Negligence — Pleading— Trial— Variance.</p> <p>1. A complaint proceeding upon one theory will not authorize a recovery upon another and entirely different theory.</p> <p>2. In an action by a passenger against a railroad company for personal injuries in which the allegations of negligence were that the defendant failed to stop its train at a station where she was to change cars, to allow her to get off, and suddenly and carelessly accelerated the speed of the train while she was getting off there, plaintiff cannot recover upon proof that the company failed to show her the safe way to go from one train to another at that station or from any train to the station or from the station to any train.</p>