McGowan v. Ivanhoe Manufacturing Co.
Supreme Court of North Carolina
Appeal by plaintiff from Peebles, J., át April Term, 1914, of JonN-STON. Civil action to recover damages for injury done plaintiff while wrongfully being worked at defendant’s cotton mill; plaintiff, at the time of the occurrence, being a minor between 8 and 9 years of age. It was admitted in the pleadings that Mr. Gordon was superintendent and Mr. Holt was foreman and boss of defendant mill at the time, and as such bad full.
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Appeal by plaintiff from Peebles, J., át April Term, 1914, of JonN-STON. Civil action to recover damages for injury done plaintiff while wrongfully being worked at defendant’s cotton mill; plaintiff, at the time of the occurrence, being a minor between 8 and 9 years of age. It was admitted in the pleadings that Mr. Gordon was superintendent and Mr. Holt was foreman and boss of defendant mill at the time, and as such bad full. “charge, management, control, and supervision, etc., of the lapper.” The plaintiff, a witness in his own behalf, testified, on his examination in chief, as follows: “I…
1Opinion of the Court
Hoke, J.. Our statute, Rev., sec. 1981 (a), provides that, from and after 1 January, 1908, no child under 12 years of age shall be employed or worked in any factory or manufacturing establishment within this State, and, by section 3362, the willful violation of the former section, on the part of mill owner, superintendent, or other person acting in behalf of the establishment, is made a misdemeanor, except in oyster canning and packing manufactories where the work is paid for by the gallon or bushel.
In several decisions on this subject, notably Starnes v. Mfg. Co., 147 N. C., 556, and…
2Cases cited3 opinions
- Leathers v. Blackwell Durham Tobacco Co.Supreme Court of North Carolina · 1907
- Jackson v. Telegraph Co.Supreme Court of North Carolina · 1905
- Starnes Ex Rel. Starnes v. Albion Manufacturing Co.Supreme Court of North Carolina · 1908
3Cited by7 opinions
- Aldridge Ex Rel. Aldridge v. HastySupreme Court of North Carolina · 1954
- Daly v. Swift & Co.Montana Supreme Court · 1931
- Jackson v. . Telegraph Co.Supreme Court of North Carolina · 1905
- Evans Ex Rel. Pendleton v. Dare Lumber Co.Supreme Court of North Carolina · 1917
- Waterman Lumber Co. v. BeattyCourt of Appeals of Texas · 1918
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