Hauser ex rel. Hauser v. Forsyth Furniture Co.
Supreme Court of North Carolina
Civil actioN, tried before Adams, J., and a jury, at September Term, 1916, of EoRsytii. Tbe action was to recover damages for physical injuries suffered by plaintiff, a minor, when in the company’s factory as an employee, contrary to the provisions of the statute (Pell’s Revisal, sec. 1981b), and attributed also to positive negligence on the part of defendant.
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Civil actioN, tried before Adams, J., and a jury, at September Term, 1916, of EoRsytii. Tbe action was to recover damages for physical injuries suffered by plaintiff, a minor, when in the company’s factory as an employee, contrary to the provisions of the statute (Pell’s Revisal, sec. 1981b), and attributed also to positive negligence on the part of defendant. On denial of liability and plea of contributory negligence, the jury rendered the following verdict: 1. Was the plaintiff, at the time of his alleged injury, under 13 years of age, as alleged in the complaint ? Answer: Yes. 2. Was the…
1Opinion of the CourtHoke, J.
It was admitted on the hearing that the plaintiff, at the time he was injured, was not serving in the capacity of apprentice, and this being true, it is established by the verdict that plaintiff has been injured by the negligence of defendant company when he was at their factory as an employee, contrary to the provisions of our statute law (Pell’s Revisal, sec. 1981b), and that recovery has been denied on the ground of contributory negligence.
It is recognized with us that the defense of contributory negligence, in proper instances, may be available in these cases, but it is also clearly held…
2Cases cited8 opinions
- Simmons v. Davenport.Supreme Court of North Carolina · 1906
- Leathers v. Blackwell Durham Tobacco Co.Supreme Court of North Carolina · 1907
- Carleton v. StateNebraska Supreme Court · 1895
- Rolin v. . Tobacco Co.Supreme Court of North Carolina · 1906
- State v. FosterSupreme Court of North Carolina · 1902
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3Cited by2 opinions
- Metcalf v. FoisterSupreme Court of North Carolina · 1950
- State v. . HallSupreme Court of North Carolina · 1903