Chesson v. John L. Roper Lumber Co.
Supreme Court of North Carolina
Civil aotioN, brought by the plaintiff to recover damages for an injury alleged to have been caused by the defendant’s negligence, and tried at Fall Term, 1895, of WASHINGTON Superior Court, before Green, J., and a jury.
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Civil aotioN, brought by the plaintiff to recover damages for an injury alleged to have been caused by the defendant’s negligence, and tried at Fall Term, 1895, of WASHINGTON Superior Court, before Green, J., and a jury. The issues submitted were : (1). Was the plaintiff injured by the negligence of the defendant as alleged % (2). Did the alleged injury result from the negligence of the plaintiff’s fellow-servants ? (3). What damage, if any, has the plaintiff sustained % On the trial before the jury the plaintiff offered the following evidence E. D. Chesson, plaintiff, testified as follows:…
1Opinion of the Court
Avery, J.:
A master hot only owes to his servant the duty of using ordinary care to procure sound and safe appliances and machinery, but also to provide for him a place in which to do his work and a way of access to and departure from it, that are reasonably safe. 1 -Shearman & Eed. Nog.,-sec. 194, and note; Buzzell v. M'f'g Co., 48 Me., 113. On entering into employment, the servant has a right to assum'e that the "master has discharged this duty (Railroad v. Hines, 132 Ill., 161; 22 Am. St. Rep., 515, and note; Carter v. Oil Co., 34 S. C, 211; 27 Am. St. Rep., 817) and may without culpability…
2Cases cited14 opinions
- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
- Haynes v. Kaleigh Gas Co.Supreme Court of North Carolina · 1894
- Chicago & Eastern Illinois Railroad v. HinesIllinois Supreme Court · 1890
- Deans v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Mason v. Richmond & Danville RailroadSupreme Court of North Carolina · 1892
9 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Womble v. . Grocery Co.Supreme Court of North Carolina · 1904
- Pickett v. . R. R.Supreme Court of North Carolina · 1895
- Myers v. Lumber Co.Supreme Court of North Carolina · 1901
- Colonna Shipyard, Inc. v. BlandSupreme Court of Virginia · 1928
- Orr v. Southern Bell Telephone & Telegraph Co.Supreme Court of North Carolina · 1903
18 more not listed; retrieve them via the Exa API.