Autry v. Atlantic Coast Line Railroad

Brown, J. In apt time tbe defendant moved to nonsuit. His Honor properly denied tbe motion. There is abundant evidence in tbe record tending to prove that plaintiff’s intestate, an employee of tbe Hope Mills Manufacturing Company, was sent with a wagon to . defendant’s freight depot for certain heavy boxes of mill machinery; that they were safely loaded on tbe wagon, and that on way out from tbe depot tbe wagon wheel ran into a rut or bole 8 inches deep, which caused tbe boxes to topple over, throwing tbe in *295 testate out of tbe wagon, and tbe bos, wbicb be bad attempted to bold steady, fell upon and crushed bis bead. Plaintiff also introduced evidence tending to prove tbat “tbe place or bole where tbe wagon dropped in was 2% feet from corner of depot. No other way to get out from tbe depot but to go tbat way; it was on tbe right of way, and it was not a public road along there.” There was also evidence tending to prove tbat tbe mayor of tbe town bad notified by letter defendant’s general manager of tbe condition of tbe right of way, and tbat be bad written tbat it should be properly attended to. There was evidence also by defendant tbat tbe bole was not on tbe right of way, as well as other evidence contradicting plaintiff’s averments. We think tbe jury were warranted by tbe evidence offered by plaintiff in finding tbat plaintiff’s intestate was rightfully at tbe station removing tbe freight; tbat be took only way out; tbat on tbe defendant’s premises tbe wagon wheel ran into tbe deep rut and caused tbe boxes to fall on tbe intestate and kill him. Tbe negligence consists in evidence of defendant’s failure to keep its premises in a reasonably safe condition for persons who come for tbe purpose of transacting business. Finch v. R. R., 151 N. C., 105, and cases cited; R. R. v. Wolfe, 80 Ky., 82. Tbe disputed question as to whether tbe bole was on tbe defendant’s premises was properly and fairly put to tbe jury.. As to what was tbe proximate cause of tbe injury, instead of leaving it to the jury, bis Honor might well have charged them that upon all tbe evidence it was tbe falling of tbe wagon wheel into tbe bole. We have examined tbe several assignments of error and think tbat none of them can be sustained. To discuss them seriatim, is, in our opinion, needless. No error.