Wingate v. Atlantic & North Carolina Railroad, 220 N.C. 251 (1941)

Oct. 29, 1941 · Supreme Court of North Carolina

220 N.C. 251

LAURA WINGATE v. ATLANTIC & NORTH CAROLINA RAILROAD COMPANY, INCORPORATED.

(Filed 29 October, 1941.)

Carrier’s § Sic—

Tbe general rule is that a passenger who is injured while alighting from a moving train may not recover for such injury.

Appeal by plaintiff from Thompson, J., at February Term, 1941, of LeNOib.

Thos. J. White for plaintiff, appellant.

Allen & Allen for defendant, appellee.

Peb Oueiam.

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.