Smith v. South & Western Railroad
Supreme Court of North Carolina
Appeal from Justice, J., August Term, 1909, of Rutherford. The plaintiff sued to recover damages for an injury received by him, through the negligence of the defendants, while he was working for the Millard Quigg Construction Company, a corporation, under the laws of Virginia, engaged in constructing a part of the railroad of the South and Western Railroad Company.
Read the full summary
Appeal from Justice, J., August Term, 1909, of Rutherford. The plaintiff sued to recover damages for an injury received by him, through the negligence of the defendants, while he was working for the Millard Quigg Construction Company, a corporation, under the laws of Virginia, engaged in constructing a part of the railroad of the South and Western Railroad Company. The injury was received in October, 1907. The plaintiff was employed to do the work of an ordinary laborer and belonged to the night force. The Millard Quigg Construction Company filed its petition to remove the cause to the…
1Opinion of the Court
MANNING, J.,
after stating tbe case: Tbe only question presented for our consideration by tbe briefs and argument of counsel is tbe effect of tbe paper writing executed by tbe plaintiff on 30 August, 1909, to tbe construction company. Upon tbe facts presented, the decision of this Court in Brown v. Louisburg, 126 N. C., 701, approved in Raleigh v. Railroad, 129 N. C., 265, is decisive. If tbe construction company were an independent con-' tractor, it would seem clear tbat the railway company would not be liable; and tbe plaintiff, therefore, by bis agreement with tbe construction company, has…
2Cases cited4 opinions
- Brown v. Town of LouisburgSupreme Court of North Carolina · 1900
- City of Raleigh v. North Carolina RailroadSupreme Court of North Carolina · 1901
- Russell v. . AddertonSupreme Court of North Carolina · 1870
- Avery v. RailroadSupreme Court of North Carolina · 1904
3Cited by25 opinions
- Hayes v. City of WilmingtonSupreme Court of North Carolina · 1956
- Nationwide Mutual Insurance v. ChantosSupreme Court of North Carolina · 1977
- Plath v. JustusNew York Court of Appeals · 1971
- Karcher v. BurbankMassachusetts Supreme Judicial Court · 1939
- Leary v. . Land BankSupreme Court of North Carolina · 1939
20 more not listed; retrieve them via the Exa API.