Gibbs v. Southern Railway Co.
Cases that cite this one
6 later published cases cite this decision.
- Wagoner v. North Carolina Railroad (N.C. 1953)
- Perry v. . Davis (N.C. 1938)
- Goodman v. Queen City Lines, Inc. (N.C. 1935)
- Murphy v. . Murphy (N.C. 1932)
- Adams v. American Enka Corp. (N.C. 1932)
- Murphy v. Murphy (N.C. 1932)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
What duty does a railroad company owe to a person upon its platform, who has no business upon the premises and is there exclusively for his own convenience?
The injury complained of happened in broad daylight and the moving gang plank was in full view of the plaintiff if he had been exercising any care for his own safety. At most the plaintiff was a bare or permissive licensee, and there is no evidence that the injury resulted from wilful or wanton negligence. Therefore, by virtue of both reason and authority the ruling of the trial judge was correct. Quantz v. R. R., 137 N. C., 136, 49 S. E., 79; Peterson v. R. R., 143 N. C., 260, 55 S. E., 618.
The facts do not bring this case within the principle announced in Brigman v. Construction Co., 192 N. C., 791, 136 S. E., 125, or Jones v. R. R., 199 N. C., 1.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.