Cochran v. Young-Hartsell Mills Co.
Supreme Court of North Carolina
Appeal by defendant from Adams, J., at November Term, 1914, of CABAREUS. Tbis action was brought to recover damages for injuries alleged to have been caused by the defendant’s negligence. Plaintiff was second band in defendant’s mill, and bis duty was to keep tbe machinery running. An electric motor furnished the power, but he had nothing to do with it or the electric apparatus of any kind. The machines were run by shafts, belts, and pulleys.
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Appeal by defendant from Adams, J., at November Term, 1914, of CABAREUS. Tbis action was brought to recover damages for injuries alleged to have been caused by the defendant’s negligence. Plaintiff was second band in defendant’s mill, and bis duty was to keep tbe machinery running. An electric motor furnished the power, but he had nothing to do with it or the electric apparatus of any kind. The machines were run by shafts, belts, and pulleys. One of the belts broke about 12 o’clock at night on 19 September,' 1913, and plaintiff mended it, and then, by means of cross-pieces nailed to a post,…
1Opinion of the Court
Walker, J.,
after stating the case: It is our duty, in construing evidence on a motion to nonsuit, to view it most favorably for the plaintiff, and when thus considered, if there is any evidence to sustain the charge of negligence in this case, the motion necessarily fails. We not only think there is some evidence of such negligence, but that, taken as an entirety, the evidence strongly supports the verdict. A simple narrative of the facts will make this clear. The plaintiff had been engaged in running the machinery at this mill for several years. When a belt dropped from the pulley he had…
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
- Gardner v. Michigan Central RailroadSupreme Court of the United States · 1893
- Haynes v. Kaleigh Gas Co.Supreme Court of North Carolina · 1894
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3Cited by15 opinions
- Pigford v. . R. R.Supreme Court of North Carolina · 1912
- Gordon v. Muehling Packing Co.Supreme Court of Missouri · 1931
- McClamroch v. Colonial Ice Co.Supreme Court of North Carolina · 1940
- Ferrell v. . Cotton MillsSupreme Court of North Carolina · 1911
- Patterson v. . NicholsSupreme Court of North Carolina · 1911
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