Alley v. Charlotte Pipe & Foundry Co.
Supreme Court of North Carolina
Appeal from Lyon, J.,' at January Term, 1912, of MeckleN-BURG. Civil action. These issues were submitted: 1. Was the plaintiff injured by the negligence of the defendant, as alleged in the complaint? Answer: Yes. 2. Did the plaintiff voluntarily assume the risk and danger of being injured in the manner in which he was injured as an incident of his employment? Answer: No. 3. Did plaintiff, by his own negligeiice, contribute to his injuries, as alleged in the answer? Answer:…
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Appeal from Lyon, J.,' at January Term, 1912, of MeckleN-BURG. Civil action. These issues were submitted: 1. Was the plaintiff injured by the negligence of the defendant, as alleged in the complaint? Answer: Yes. 2. Did the plaintiff voluntarily assume the risk and danger of being injured in the manner in which he was injured as an incident of his employment? Answer: No. 3. Did plaintiff, by his own negligeiice, contribute to his injuries, as alleged in the answer? Answer: No. 4. What damages, if any, is the plaintiff entitled to recover of the defendant? Answer: $6,000. From the verdict and…
1Opinion of the CourtBrown, J.
The plaintiff was a pipe molder for several years in defendant’s foundry. On 28 November, 1910, while,engaged in molding, he was injured by the explosion of a core, which caused a stream of molten iron from the arbor to strike plaintiff’s foot, set his trousers afire, and seriou&ly burn him. This core had been made by a core-maker named Nance, and furnished to plaintiff for use in connection with the arbor in molding.
The principal negligence alleged is in providing an imperfect core, the defects in which were not apparent, and in providing an unskillful and deficient workman to make the core…
2Cases cited6 opinions
- Tanner v. Lumber Co.Supreme Court of North Carolina · 1906
- Illinois Central Railroad v. JewellIllinois Supreme Court · 1867
- Barkley v. South Atlantic Waste Co.Supreme Court of North Carolina · 1908
- Ives v. New Bern Lumber Co.Supreme Court of North Carolina · 1908
- Lamb v. Littman.Supreme Court of North Carolina · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
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- Eagle-Picher Industries, Inc. v. CoxDistrict Court of Appeal of Florida · 1985
- Ridge v. Norfolk Southern RailroadSupreme Court of North Carolina · 1914
- Fehely v. SendersOregon Supreme Court · 1943
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