Legal Opinion

McMahan v. Carolina Spruce Co.

Supreme Court of North Carolina

Decided December 24, 1920PublishedCited by 4 opinions

Appeal by defendant from Harding, /./at August Term, 1920, of YaNCEV. Plaintiff states two causes of action, in tbe first of wbicb be alleges negligence of tbe defendant in failing to furnish a safe place to work. Tbe defendant required tbe plaintiff to work on a.lumber dock, which was about twelve feet above tbe ground on a frame of studding, which bad been floored and a steel rail track, laid on top of this flooring, upon which track a lumber car or truck was operating.

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Appeal by defendant from Harding, /./at August Term, 1920, of YaNCEV. Plaintiff states two causes of action, in tbe first of wbicb be alleges negligence of tbe defendant in failing to furnish a safe place to work. Tbe defendant required tbe plaintiff to work on a.lumber dock, which was about twelve feet above tbe ground on a frame of studding, which bad been floored and a steel rail track, laid on top of this flooring, upon which track a lumber car or truck was operating. Defendant had been shipping lumber from packs alongside of this dock, and had carelessly piled up a lot of lumber and…

1Opinion of the Court

Walicbr, J.,

after stating tbe case: It will be convenient to consider tbe exceptions in tbe order of tbeir statement in tbe record, tbougb tbey are not so stated in tbe defendant’s brief.

As to tbe first cause of action, we think there was sufficient evidence of tbe defendant’s negligence for tbe jury. Tbe defendant was required to exercise due care in furnishing a reasonably safe place for plaintiff to do bis work, and tbis, it is alleged, was not done, as its platform or dock was decayed so that tbe rails spread and tbe band-car fell between tbe rails. On tbe day of tbe injury tbe car,…

2Cases cited12 opinions

  1. Pigford v. . R. R.Supreme Court of North Carolina · 1912
  2. Causey v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1914
  3. Steeley v. Dare Lumber Co.Supreme Court of North Carolina · 1914
  4. Avery v. ClearySupreme Court of the United States · 1890
  5. State Ex Rel. Davenport v. McKeeSupreme Court of North Carolina · 1887

7 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Southern Pacific Co. v. GastelumArizona Supreme Court · 1929
  2. Dunn v. . Lumber Co.Supreme Court of North Carolina · 1916
  3. Bailey v. HaymanSupreme Court of North Carolina · 1941
  4. Steeley v. Dare Lumber Co.Supreme Court of North Carolina · 1914

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