Midgett v. Branning Manufacturing Co.
Supreme Court of North Carolina
Appeal by defendant from Lyon, J., at November Term, 1919, of TYRRELL. This is an action for personal injuries. Tbe defendant logging railroad was operating a steam skidder for pulling tbe logs from tbe woods to be loaded on its cars, it being wbat lumbermen call a “rigged skidder.”
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Appeal by defendant from Lyon, J., at November Term, 1919, of TYRRELL. This is an action for personal injuries. Tbe defendant logging railroad was operating a steam skidder for pulling tbe logs from tbe woods to be loaded on its cars, it being wbat lumbermen call a “rigged skidder.” Tbe plaintiff’s duty was to carry tbe bull rope attaebed to tbe said machine out in tbe woods and fasten it to tbe logs to be pulled, and also to place tbe ropes around tbe logs when they were lifted and loaded on tbe cars. Tbe plaintiff was tbe only one wbo bad authority to signal tbe skidder to start pulling a…
1Opinion of the CourtClare, C. J.
The evidence for plaintiff was that the skidder started up without any warning. The evidence for the defendant was that the skidder started up without orders from the foreman, and upon the signal from another employee, who got notice from still another employee, who received notice from the plaintiff. On this conflict of evidence the motion for nonsuit was properly refused.
The defendant further insists that this injury was an accident, and if not, that it was caused by the negligence of a fellow-servant, for which the defendant is not responsible. The plaintiff was obeying the orders of his…
2Cases cited6 opinions
- Wade Ex Rel. Moore v. McLean Contracting Co.Supreme Court of North Carolina · 1908
- Beck v. Sylva Tanning Co.Supreme Court of North Carolina · 1919
- Bissell v. Greenleaf-Johnson Lumber Co.Supreme Court of North Carolina · 1910
- Twiddy v. Dare Lumber Co.Supreme Court of North Carolina · 1911
- Jackson v. Ayden Lumber Co.Supreme Court of North Carolina · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Beck v. Thomasville Chair Co.Supreme Court of North Carolina · 1924
- Cook v. Camp Manufacturing Co.Supreme Court of North Carolina · 1921
- Cook v. . Mfg. Co.Supreme Court of North Carolina · 1921