Mincey v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal by defendant from Garter, J., at September Term, 1912, of PENDER. Plaintiff, while in the employ of defendant as a carpenter, was ordered by O. D. Lupo, who was foreman of Ms squad, to go with one E. E. Mason and repair a glass door of the paint shop. In order to do the repair work, it was necessary to use a ladder. There was evidence that Lupo told Mason to take the plaintiff with him and do the work.
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Appeal by defendant from Garter, J., at September Term, 1912, of PENDER. Plaintiff, while in the employ of defendant as a carpenter, was ordered by O. D. Lupo, who was foreman of Ms squad, to go with one E. E. Mason and repair a glass door of the paint shop. In order to do the repair work, it was necessary to use a ladder. There was evidence that Lupo told Mason to take the plaintiff with him and do the work. Mason got a ladder, as he testified, placed it against the side of the house and then climbed up the ladder and removed the broken panes in the door. Plaintiff then ascended the ladder…
1Opinion of the CourtWalker, J.
In this case there was some evidence to the effect that the ladder selected by Mason and used by him and the plaintiff in doing their work was lying in the shop with several others which appeared to be sound and serviceable, while the ladder in question had been broken on one .side and spliced, and it was contended by counsel for defendant that where the master has provided an adequate and readily accessible stock of suitable appliances, in good condition, from which the servant may make his own selection, and the imperfection of the one chosen, therefore, was or should have been apparent to…
2Cases cited24 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Washington & Georgetown Railroad v. McDadeSupreme Court of the United States · 1890
- Gardner v. Michigan Central RailroadSupreme Court of the United States · 1893
19 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Deligny v. Tate Furniture Co.Supreme Court of North Carolina · 1915
- Kiger v. Liipfert Scales Co.Supreme Court of North Carolina · 1913
- Lloyd v. Southern Railway Co.Supreme Court of North Carolina · 1914
- Thompson v. Standard Oil Co.Supreme Court of North Carolina · 1919
- Orr v. . RumboughSupreme Court of North Carolina · 1916
19 more not listed; retrieve them via the Exa API.