Johnson v. Carolina, Clinchfield & Ohio Railroad
Supreme Court of North Carolina
Appeal from Lane, J., at June Term, 1911, of Dukke. Civil action to recover damages for physical injuries caused by alleged negligence of the railroad company. There was evidence tending to show that on or about 15 July, 1908, plaintiff was injured while at work as an employee of defendant company by reason of a defective car being then used for hauling dirt in the construction of defendant road, and that the injury was attributable to the negligence of defendant.
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Appeal from Lane, J., at June Term, 1911, of Dukke. Civil action to recover damages for physical injuries caused by alleged negligence of the railroad company. There was evidence tending to show that on or about 15 July, 1908, plaintiff was injured while at work as an employee of defendant company by reason of a defective car being then used for hauling dirt in the construction of defendant road, and that the injury was attributable to the negligence of defendant. There was evidence tending to show that there was no negligence; that plaintiff was, at the time, an employee of Propts & Co., an…
1Opinion of the CourtHoke, J.
It was chiefly objected to the validity of this recovery that plaintiff was, at the time, the employee of an independent contractor, Propts & Co., and that, on the facts in evidence, there had been no breach of duty towards plaintiff on the part of the railroad company. This doctrine of independent contractor and its effect 'on the rights of parties have been the subject-matter of discussion in several recent decisions 'of the Court, as in Hopper v. Ordway, ante, 125; Denny v. Burlington, 155 N. C., 33; Beal v. Fiber Co., 154 N. C., 147; Thomas v. Lumber Co., 153 N. C., 351; Hunter v. R. R.,…
2Cases cited7 opinions
- Powell v. Construction Co.Tennessee Supreme Court · 1890
- Young v. Fosburg Lumber Co.Supreme Court of North Carolina · 1908
- Denny v. City of BurlingtonSupreme Court of North Carolina · 1911
- Craft v. Albemarle Timber Co.Supreme Court of North Carolina · 1903
- Beal v. Champion Fiber Co.Supreme Court of North Carolina · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hayes v. . Elon CollegeSupreme Court of North Carolina · 1944
- Hayes v. Board of Trustees of Elon CollegeSupreme Court of North Carolina · 1944
- Kirby v. Jules Chain Stores Corp.Supreme Court of North Carolina · 1936
- Scott v. Waccamaw Lumber Co.Supreme Court of North Carolina · 1950
- Greer v. . Construction Co.Supreme Court of North Carolina · 1925
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