Scales v. . Lewellyn
Supreme Court of North Carolina
Civil actioN tried in Foesyth County Court, Starbuck, J., presiding, upon these issues: 1. Was tbe plaintiff injured by tbe negligence of tbe defendant F. P. Lewellyn, as alleged in tbe complaint? Answer: “Yes.” 2. Was tbe defendant F. P. Lewellyn an independent contractor, as alleged in tbe answer of tbe defendant city of Winston-Salem? Answer: “Yes.” 3. Was tbe work contracted for inherently dangerous? Answer: “Yes.” 4. Is tbe defendant tbe city of Winston-Salem liable to…
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Civil actioN tried in Foesyth County Court, Starbuck, J., presiding, upon these issues: 1. Was tbe plaintiff injured by tbe negligence of tbe defendant F. P. Lewellyn, as alleged in tbe complaint? Answer: “Yes.” 2. Was tbe defendant F. P. Lewellyn an independent contractor, as alleged in tbe answer of tbe defendant city of Winston-Salem? Answer: “Yes.” 3. Was tbe work contracted for inherently dangerous? Answer: “Yes.” 4. Is tbe defendant tbe city of Winston-Salem liable to tbe plaintiff for tbe negligence of the defendant Lewellyn? Answer: “Yes.” 5: If so, what damage, if any, is tbe…
1Opinion of the CourtBeowN, J.
Tbe plaintiff sues tbe defendant Lewellyn and tbe city of Winston-Salem for damages for injuries sustained by her from tbe falling of a porch and dwelling-house which tbe defendant Lewellyn bad contracted with tbe defendant tbe city of Winston-Salem to raise. Tbe city bad raised tbe grade on Third Street, leaving below tbe level of the street and without convenient means of access to it a bouse occupied by tbe plaintiff as tenant. There were eight other bouses similarly situated. Tbe city, with tbe knowledge and consent of tbe owner of these bouses, at its expense, contracted with tbe…
2Cases cited8 opinions
- State v. . PattersonSupreme Court of North Carolina · 1842
- In Re Will of CravenSupreme Court of North Carolina · 1915
- Davis v. Summerfield.Supreme Court of North Carolina · 1903
- West v. WardSupreme Court of Iowa · 1889
- Embler v. Gloucester Lumber Co.Supreme Court of North Carolina · 1914
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hull Ex Rel. Hull v. GilliozSupreme Court of Missouri · 1939
- Hubbard v. Southern Railway Co.Supreme Court of North Carolina · 1932
- State v. HartSupreme Court of North Carolina · 1954
- Olympic Products Co. v. Roof Systems, Inc.Court of Appeals of North Carolina · 1988
- Cole v. City of DurhamSupreme Court of North Carolina · 1918
6 more not listed; retrieve them via the Exa API.