Brown v. Kinston Manufacturing Co.
Supreme Court of North Carolina
Civil actioN tried before Stacy, J., and a jury at November Term, 1917, OÍ IiENOIR. Plaintiff, about fifteen years old, was employed by tbe defendant to handle blocks and slabs at its mill, and especially at tbe end of a slab and block slide to assist in placing tbe blocks and slabs on tbe railroad ■cars. Tbe slide was between 50 and 70 feet long, and at tbe bigbest point was 30 feet from tbe ground, and tbe base was 40 feet, tbe slide being triangular irt shape.
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Civil actioN tried before Stacy, J., and a jury at November Term, 1917, OÍ IiENOIR. Plaintiff, about fifteen years old, was employed by tbe defendant to handle blocks and slabs at its mill, and especially at tbe end of a slab and block slide to assist in placing tbe blocks and slabs on tbe railroad ■cars. Tbe slide was between 50 and 70 feet long, and at tbe bigbest point was 30 feet from tbe ground, and tbe base was 40 feet, tbe slide being triangular irt shape. At tbe top of tbe slide there was a “tipple,” which was swung to it and controlled by a rope, for tbe purpose of discharging to the…
1Opinion of the Court
Walker, J.,
after stating the facts: We cannot see anything in this case to distinguish it from the many of a like kind decided by this Court regarding the law of negligence as bearing upon the respective and reciprocal duties and obligations of master and servant. The real question in the case is whether the plaintiff was injured by the negligence of the-defendant in furnishing him with a machine or appliance which was-unfit for the reasonably safe performance of his task by reason of some defect in a part of the apparatus. There is evidence from which the-jury could infer that if the slide…
2Cases cited2 opinions
- Johnson v. . R. R.Supreme Court of North Carolina · 1913
- Fry v. . R. R.Supreme Court of North Carolina · 1912
3Cited by6 opinions
- Schaffner v. Cumberland County Hospital System, Inc.Court of Appeals of North Carolina · 1985
- Page v. SloanCourt of Appeals of North Carolina · 1971
- Fox v. . Army StoreSupreme Court of North Carolina · 1939
- State v. . WentzSupreme Court of North Carolina · 1918
- State v. WentzSupreme Court of North Carolina · 1918
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