Rumbley v. Southern Railway Co.
Supreme Court of North Carolina
Appeal from Lyon, J., at tbe May Term, 1910, of AlamaNOe. Civil action to recover damages for physical injury caused by alleged negligence on tbe part of defendant company. In apt time there were motions of nonsuit, under tbe statute, overruled and defendant excepted.
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Appeal from Lyon, J., at tbe May Term, 1910, of AlamaNOe. Civil action to recover damages for physical injury caused by alleged negligence on tbe part of defendant company. In apt time there were motions of nonsuit, under tbe statute, overruled and defendant excepted. Tbe jury rendered tbe following verdict : 1. "Was tbe plaintiff injured by negligence of tbe defendant as alleged in tbe complaint? A. Yes. 2. Did the plaintiff contribute to bis injury by bis own negligence? A. No. 3. What damage, if any, is the plaintiff entitled to recover? A. $700. Judgment on the verdict and defendant…
1Opinion of the CourtHoike, J.
We fail to perceive any ground upon which this recovery can be sustained. The evidence tended to show that on 23 June, 1908, plaintiff and another carpenter were directed to tear down an old shed, near the Salisbury depot and had been engaged on the work several days, and on the day in question they were knocking the rafters loose and standing on one of the joists of the shed, which were placed horizontally beneath, at intervals of two or three feet. While plaintiff was standing on one of these joists, knocking loose the rafters above, it gave way and he fell to the ground, causing the injury…
2Cases cited2 opinions
- Brookshire v. Asheville Electric Co.Supreme Court of North Carolina · 1910
- Dunn v. . R. R.Supreme Court of North Carolina · 1909
3Cited by10 opinions
- E. J. O'Brien & Co. v. Shelton's Adm'rCourt of Appeals of Kentucky (pre-1976) · 1932
- Angel v. Carolina Spruce Co.Supreme Court of North Carolina · 1919
- Atkins v. . MadrySupreme Court of North Carolina · 1917
- Bradford v. EnglishSupreme Court of North Carolina · 1925
- Wright v. Thompson & Moseley, Inc.Supreme Court of North Carolina · 1916
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