Holt v. Oval Oak Manufacturing Co.
Supreme Court of North Carolina
. AotioN tried before Daniels, J., and a jury, at September Term, 1918, of Lee. The plaintiff was employed by the defendant to fire the boiler in its mill, and was ordered, on the day he was injured, to take the place of the man who operated the rip-saw at the bench, or grooving machine, in which it was placed.
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. AotioN tried before Daniels, J., and a jury, at September Term, 1918, of Lee. The plaintiff was employed by the defendant to fire the boiler in its mill, and was ordered, on the day he was injured, to take the place of the man who operated the rip-saw at the bench, or grooving machine, in which it was placed. This saw revolved with great rapidity, 5,000 revolutions to the minute, and there was evidence tending to show that there was no guard or other appliance to keep tbe boards from falling on the-saw while it was in motion, and that the machine in this respect was not constructed like…
1Opinion of the Court
Walker, J.,
after stating the case: The remarks of counsel with reference to the insurance company by which the defendant was indemnified were not proper, as there was no legal basis for the suggestion, because they were irrelevant to the issues and were calculated to prejudice the jury and to divert the minds of the jurors from the material issues. If the judge had not removed any such prejudice by his clear instructions to the jury as to what were the only issues we would be authorized to grant a new trial, but we are satisfied that the caution of the judge to the jury, which came…
2Cases cited21 opinions
- Railroad Company v. FortSupreme Court of the United States · 1874
- Marks v. Cotton Mills.Supreme Court of North Carolina · 1904
- Leathers v. Blackwell Durham Tobacco Co.Supreme Court of North Carolina · 1907
- Rolin v. . Tobacco Co.Supreme Court of North Carolina · 1906
- Mercer v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
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3Cited by21 opinions
- Luttrell v. . HardinSupreme Court of North Carolina · 1927
- Bryant v. Welch Furniture Co.Supreme Court of North Carolina · 1923
- Williard v. . WeavilSupreme Court of North Carolina · 1943
- Davis v. PowellSupreme Court of Virginia · 1924
- Jupollo Public Service Co. v. GrantCourt of Appeals for the Fourth Circuit · 1930
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