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676 IN THE COURT OF APPEALS [I6
Beachboard v. Railway Co.
main line track preparatory to having them hauled back to
Asheville. They then entered on track 13 from the east and
coupled up with empty cars thereon and "stretched" them,
meaning to pull out the slack between the cars. After doing
this, and while Southern's engine and the cars to which it was
attached were standing still, plaintiff noticed two cars on
track 13 to which the train had failed to couple. These were
sitting 10 to 12 feet from the cars to which Southern's engine
was attached, and plaintiff noticed there were no cars to the
west of these two cars. Plaintiff proceeded to open the knuckles
on these two cars preparatory to coupling with them. At this
time a crew of Champion employees was operating a switch
engine some distance away on the west end of the yard. This
crew shoved five cars onto track 13, causing them to roll freely
in an easterly direction on the track until they collided with
the two cars on which plaintiff was engaged in opening the
knuckles. Plaintiff was dragged beneath these cars, the wheels
of which ran over and severed his legs. There was evidence
that Champion's crew made no investigation prior to shoving
the five cars onto track 13 to ascertain whether any of South-ern's
employees were working thereon and that they gave no
signal from Champion's locomotive prior to making that move-ment.
Other evidence will be referred to in the opinion.
The jury answered the issue submitted to it as follows:
"Was the plaintiff, Forest Beachboard, injured
through the negligence of U. S. Plywood-Champion Papers,
Inc., as alleged in the Third-Party Complaint?
Answer : Yes."
On this verdict the court entered judgment holding as a matter
of law that, under the contract dated 8 November 1905 and
related contract documents, Southern was entitled to full indem-nity
from Champion for the $112,500.00 which had been ad-vanced
by Southern to plaintiff pursuant to the consent
judgment of 11 May 1971. From judgment that Southern
recover $112,500.00 from Champion and that Champion recover
nothing from Southern on its cross actions, Champion appealed.
W. T. Joyner; and Bennett, Kelly & Long by Harold K.
Bennett for Southern Railway Company, Third-Party Plaintiff-
Appellee.
Uxxell & DuMont by Harry DuMont for U. S. Plywood-
Champion Papers, Inc., Third-Party Defendant-Appellant.
Object Description
| Title | North Carolina Court of Appeals Reports [v.016, Fall Session Session 1972] |
| Creator | North Carolina. Court of Appeals. |
| Date | 1973 |
| Subjects | Law reports, digests, etc.--North Carolina; Court records--North Carolina |
| Place | North Carolina, United States |
| Description | Volume 16, Fall Session Session 1972. Cited as 16 N.C.App. The North Carolina Court of Appeals Reports are the official report of opinions of the North Carolina Court of Appeals. Includes cases and other information about the courts of North Carolina. |
| Publisher | Court of Appeals of North Carolina |
| Agency-Current | North Carolina Court of Appeals, Judicial Department |
| Rights | State Document see http://digital.ncdcr.gov/u?/p249901coll22,63754 |
| Collection | North Carolina State Documents Collection. State Library of North Carolina |
| Type | Text |
| Language | English |
| Format | Reports; Legal documents |
| Digital Characteristics-A | 35.8 MB; 826 p. |
| Serial Title | North Carolina Court of Appeals Reports |
| Digital Collection | North Carolina Digital State Documents Collection |
| Digital Format | application/pdf |
| Pres File Name-M | pubs_serial_courtofappealsreports_vol_016.pdf |
| Pres Local File Path-M | \Preservation_content\StatePubs\pubs_law\images_master\ |
| OCLC Number-Original | 1681248 |
Description
| Title | Page 700 |
| Full Text | 676 IN THE COURT OF APPEALS [I6 Beachboard v. Railway Co. main line track preparatory to having them hauled back to Asheville. They then entered on track 13 from the east and coupled up with empty cars thereon and "stretched" them, meaning to pull out the slack between the cars. After doing this, and while Southern's engine and the cars to which it was attached were standing still, plaintiff noticed two cars on track 13 to which the train had failed to couple. These were sitting 10 to 12 feet from the cars to which Southern's engine was attached, and plaintiff noticed there were no cars to the west of these two cars. Plaintiff proceeded to open the knuckles on these two cars preparatory to coupling with them. At this time a crew of Champion employees was operating a switch engine some distance away on the west end of the yard. This crew shoved five cars onto track 13, causing them to roll freely in an easterly direction on the track until they collided with the two cars on which plaintiff was engaged in opening the knuckles. Plaintiff was dragged beneath these cars, the wheels of which ran over and severed his legs. There was evidence that Champion's crew made no investigation prior to shoving the five cars onto track 13 to ascertain whether any of South-ern's employees were working thereon and that they gave no signal from Champion's locomotive prior to making that move-ment. Other evidence will be referred to in the opinion. The jury answered the issue submitted to it as follows: "Was the plaintiff, Forest Beachboard, injured through the negligence of U. S. Plywood-Champion Papers, Inc., as alleged in the Third-Party Complaint? Answer : Yes." On this verdict the court entered judgment holding as a matter of law that, under the contract dated 8 November 1905 and related contract documents, Southern was entitled to full indem-nity from Champion for the $112,500.00 which had been ad-vanced by Southern to plaintiff pursuant to the consent judgment of 11 May 1971. From judgment that Southern recover $112,500.00 from Champion and that Champion recover nothing from Southern on its cross actions, Champion appealed. W. T. Joyner; and Bennett, Kelly & Long by Harold K. Bennett for Southern Railway Company, Third-Party Plaintiff- Appellee. Uxxell & DuMont by Harry DuMont for U. S. Plywood- Champion Papers, Inc., Third-Party Defendant-Appellant. |
