The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1899-03-24

The Fellow Servans Act Sustained by
the Court Other DecfsfOns-CaSes
Argued-Deed I'm Trust by the North
Carolina Car Company
Especial TO The Messenger.)


Especial to The Messenger.)
Raleigh, ". c., March Pin the
case of Hancock against h Norfolk
and Western railroad, from Durham,
the supreme court decided today that
the fellow servant act is a public act
and does not require 10 be pleaded;
that the act is constitutional both un-
der the fourteenth amendment to the
United States constitution and article
/, section Z, of the constitution Of North
Carolina
In the case of Troxler against the
Railroad, from Guilford. the court de-
cided that the failure Of a railroad
company TO equip freight cars with
automatic couplers is negligence per Sc,
and on the trial Of an action to recover
damages to a brakeman resulting from
such failure. the judge below commit
ted no error in refusing to submit an
issue as to whether the injury was
due TO the negligence OF a fellow SER
want. ,Greenle's case, to the effect that
the company's failure to properly equip
it's cars with automatic couplers rem
dered it liable for injuries sustained
by a brakeman in coupling cars with
his hand, Notwithstanding his negli-
gence in violating the company's rule
requiring a stick to be used in cou-
ping, is commented on and approved.
The failure of a railroad to
properly equip its cars with these safe
ty appliances is a continuing negli-
gence and its liability for damage re-
sulting therefrom cannot be avoided by
c~ontributary negligence on the part Of
an employe sustaining injury.
Seventh district cases were argued
as follows: Tedder VS.. Railroad, argued
by J.. B. Schulken for plaintiff, r. O.
Burton for defendant; Mcdonald VS..
Ingram, argued by Ray and Sinclair
for plaintiff, Buxton for defendant. Nc
Allister VS.. Purcell, argued by Proctor
& Mcintyre and Shepherd & Busbee
for plaintiff, A. w. Mclean for de-
PENDANT; Broadfoot VS.. Fayetteville,
argued by Buxton & MacRae for plain
tiff and Ray & Robinson for defendant;
Southport VS.. Stanly, continued by
consent.
Eighth district cases will be called
next Tuesday, March 2Sth, in the fol-
lowing order: Bruton VS.. McRae, Dou-
glass VS.. eagle, Ross VS.. Insurance
Company, Cashion VS.. Telegraph Com
pany.
Opinions were handed down as fol-
lows: Smith VS.. Railroad, from Samp-
son, order for writ of certiorari to is
sue; State VS.. Taylor, from Lenoir, per
curiam, remanded for proper sentence,
coz N. c., 4S9, and "a N. c., S63);
Straughan VS.. Tysor, from Chatham,
affirmed; Banking Company VS.. Bur-
lington, from Alamance, affirmed;
Hancock VS.. Railroad, from Durham,
affirmed; State VS.. Warren, from
Sampson, new trial; Gore VS.. Davis,
from New Hanover, modified and af-
firmed; Clark VS.. Benton, from Ire
dell, affirmed in both appeals; Dillon
VS.. City of Raleigh, from Wake, af-
firmed; Motley VS.. Finishing Company,
from Guiiford, petition to rehear dis
missed; TroXley VS.. Railroad, from
Guilford, affirmed; Bear VS.. Commits
sioners of Brunswick, petition of de-
PENDANT to rehear granted, judgment
below affirmed; Mitchell VS.. Railroad,
from Craven, new trial; Hocutt VS..
Railroad, from Fender, affirmed.
l. Today the North Carolina Car Com
| pany confessed judgment for SIS, $50. %
to the Citizens National bank and exc
cuted TO the bank a deed of trust in
GLIDING all property belonging to the
company.