Nelson v. R. R

3 Citing cases

  1. Nelson v. Southern Ry. Co.

    246 U.S. 253 (1918)   Cited 19 times

    In an action under the Federal Employers' Liability Act, held, upon the evidence, that the company did not fail in any duty which it owed to him. 170 N.C. 170, affirmed. THE case is stated in the opinion.

  2. Virginian Ry. Co. v. Staton

    84 F.2d 133 (4th Cir. 1936)   Cited 7 times
    Permitting spike to protrude on which brakeman's clothing caught during a switching operation.

    This contention is worthy of careful consideration, for we are not justified in exacting from the carrier a degree of care and diligence beyond that which it is reasonable to employ having regard to the nature of the business of railroad transportation and the obligation of the carrier to keep the traffic moving. Thus the Supreme Court of the United States in Nelson v. Southern Ry. Co., 246 U.S. 253, 38 S.Ct. 233, 62 L.Ed. 699, affirmed the judgment of the Supreme Court of North Carolina, 170 N.C. 170, 86 S.E. 1036, in holding that the railroad company did not fail in any duty owed to a civil engineer employed by it who was injured while surveying within one of its yards by a tie containing a defect which was not of a character to impair safety in the operation of the road; and in Atchison, etc., Railway Co. v. Calhoun, 213 U.S. 1, 9, 29 S. Ct. 321, 323, 53 L.Ed. 671, it was said: "But, even where the highest degree of care is demanded, still the one from whom it is due is bound to guard only against those occurrences which can reasonably be anticipated by the utmost foresight. It has been well said that, `if men went about to guard themselves against every risk to themselves or others which might, by ingenious conjecture, be conceived as possible, human affairs could not be carried on at all. The reasonable man, then, to whose ideal behavior we are to look as the standard of duty, will neither neglect what he can forecast as probable, nor waste his anxiety on events that are barely possible.

  3. Taylor v. Lumber Co.

    91 S.E. 719 (N.C. 1917)   Cited 14 times

    The fact that the foot of the plaintiff slipped, throwing him into the water, is not an intervening cause, and is only relevant on the question of contributory negligence, as is held in Aiken v. Mfg. Co., 146 N.C. 324; West v. Tanning Co., 154 N.C. 48; Lynch v. Veneer Co., 169 N.C. 170, in all of which cases recoveries were sustained because of the negligence of the defendant, although the plaintiff in each would not have been injured if his foot had not slipped. The case of Nelson v. R. R., 170 N.C. 170, is not in point. There was in that case no evidence of negligence, and it was correctly stated that the immediate cause of the accident was the slipping of the foot.