Young v. Champion Fiber Co.
Supreme Court of North Carolina
Appeal from Long, J'., at March Term, 1912, of Buncombe. Civil action to recover damages for loss of eye caused by alleged negligence of defendant company and of William Baiter-son, superintendent having general supervision of the pipe department of defendant company and the laborers employed therein. Defendant denied the alleged negligence and pleaded contributory negligence and assumption of risk on part of plaintiff.
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Appeal from Long, J'., at March Term, 1912, of Buncombe. Civil action to recover damages for loss of eye caused by alleged negligence of defendant company and of William Baiter-son, superintendent having general supervision of the pipe department of defendant company and the laborers employed therein. Defendant denied the alleged negligence and pleaded contributory negligence and assumption of risk on part of plaintiff. On issues submitted as to negligence, contributory negligence, assumption of risk and damages, there was verdict for plaintiff. •Judgment on verdict, and defendant excepted…
1Opinion of the CourtHoke, J.
It was chiefly contended for defendant that the motion for-nonsuit, under the statute, should have-been allowed or the prayer given, that, on the entire evidence, if believed, the verdict should be for defendant, and more especially on the first and second issues. It has been repeatedly held with us that, in either case, “The evidence must be construed in the view most favorable to plaintiff, and every fact which it tends to prove, and which is an essential ingredient of the canse of action, must be recognized as established.” Deppe v. R. R., 152 N. C., 79; Edge v. R. R., 153 N. C., 212, and,…
2Cases cited10 opinions
- Martin v. Highland Park Mfg. Co.Supreme Court of North Carolina · 1901
- Lloyd v. P. H. Hanes & Co.Supreme Court of North Carolina · 1900
- Mercer v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
- Deppe v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910
- Avery v. West Lumber Co.Supreme Court of North Carolina · 1908
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Deligny v. Tate Furniture Co.Supreme Court of North Carolina · 1915
- Winborne v. Interstate Cooperage Co.Supreme Court of North Carolina · 1919
- Rogerson v. . HontzSupreme Court of North Carolina · 1917
- In re Will of DeytonSupreme Court of North Carolina · 1919
- In Re Will of Margaret DeytonSupreme Court of North Carolina · 1919
1 more not listed; retrieve them via the Exa API.