Parrish v. . Richardson
Supreme Court of North Carolina
ActioN tried before Shaw, J., at July Term, 1918, of Davidson. Tbe intestate was killed by being thrown from tbe ladder-way of tbe Ricb-Cog Mine, a gold mine in Montgomery County, belonging to and operated by defendant. Tbe issues of negligence, assumption of risk, and damage were submitted to tbe jury, wbo found tbem against defendant and assessed damage at $4,000, wbicb, by consent, was reduced to $2,500. From tbe judgment rendered defendant appealed.
1Opinion of the CourtBeown, J.
Tbe intestate was employed as a miner by defendant, and on 9 August, 1917, was killed by being knocked off tbe ladder-way running down tbe shaft from tbe surface of tbe earth to tbe bottom of tbe mine, a distance of about 550 feet. Tbe allegation of negligence is substantially as follows:
That the intestate was descending the ladder-way in the mine, and was at the time about the depth of 475 feet, when suddenly another employee of the defendant, Peter Green, fell from the ladder-way, above the intestate, onto another employee of the defendant, one Arch Davis, knocking him from the ladder-way,…
2Cases cited3 opinions
- Southerland v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Younce v. Broad River Lumber Co.Supreme Court of North Carolina · 1911
- McEntyre v. Levi Cotton MillsSupreme Court of North Carolina · 1903
3Cited by1 opinion
- Roy v. St. Louis-S. F. Ry. Co.Supreme Court of Oklahoma · 1931