Wingate v. Atlantic & North Carolina Railroad
Cases that cite this one
2 later published cases cite this decision.
- Carter v. . Bailey (N.C. 1942)
- Carter ex rel. Carter v. Bailey (N.C. 1942)
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
Plaintiff’s action was for damages for personal injury caused by a fall from defendant’s train. She testified that when she stepped off the train the train was moving, and that caused her to fall. The general rule is that a passenger who is injured while alighting from a moving train may not recover for such injury. Stamey v. R. R., 208 N. C., 668, 182 S. E., 130. Upon the authority of this ease and the decisions there quoted, we conclude that the judgment of nonsuit was properly entered.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.