Legal Opinion

Hicks v. . Manufacturing Co.

Supreme Court of North Carolina

Decided May 9, 1905PublishedCited by 74 opinions

ActioN by Joseph Hicks against Naomi Ealls Manufacturing Company, heard by Judge T. J. Shaw and a jury at the January (Special) Term, 1905, of the Superior Court of GuiluoRD County. The plaintiff had formerly instituted a suit on the same cause of action in the Superior Court of Randolph County, in which a non-suit had been taken, and subsequently instituted this action in the Superior ’Court of Guilford County, and this second action is the subject of the present appeal.

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ActioN by Joseph Hicks against Naomi Ealls Manufacturing Company, heard by Judge T. J. Shaw and a jury at the January (Special) Term, 1905, of the Superior Court of GuiluoRD County. The plaintiff had formerly instituted a suit on the same cause of action in the Superior Court of Randolph County, in which a non-suit had been taken, and subsequently instituted this action in the Superior ’Court of Guilford County, and this second action is the subject of the present appeal. Eour issues were submitted to the jury: 1. Was plaintiff injured by the negligence of the defendant as alleged in the…

1Opinion of the Court

The plaintiff had formerly instituted a suit on the same cause of action in the Superior Court of Randolph, in which a nonsuit had been taken, and subsequently instituted this action in the Superior Court of Guilford, and this second action is the subject of the present appeal.

Four issues were submitted to the jury: 1. Was plaintiff injured by the negligence of the defendant, as alleged in the complaint? 2. Did plaintiff voluntarily assume the risk involved in cleaning the mote box while the lapper was in motion, as alleged in the answer? 3. Did plaintiff by his own negligence contribute to…

2Cases cited8 opinions

  1. Kane v. Northern Central Railway Co.Supreme Court of the United States · 1888
  2. Marks v. Cotton Mills.Supreme Court of North Carolina · 1904
  3. Voorhees v. Porter.Supreme Court of North Carolina · 1904
  4. Lloyd v. P. H. Hanes & Co.Supreme Court of North Carolina · 1900
  5. Witsell v. . R. R.Supreme Court of North Carolina · 1897

3 more not listed; retrieve them via the Exa API.

3Cited by74 opinions

  1. Murray v. . R. R.Supreme Court of North Carolina · 1940
  2. Reeves v. . StaleySupreme Court of North Carolina · 1942
  3. Reeves v. StaleySupreme Court of North Carolina · 1942
  4. Tanner v. Lumber Co.Supreme Court of North Carolina · 1906
  5. Grant v. Graham Chero-Cola Bottling Co.Supreme Court of North Carolina · 1918

69 more not listed; retrieve them via the Exa API.

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