Ross v. Cotton Mills.
Supreme Court of North Carolina
ActioN by M. C. Ross against the Double Shoals Cotton Mills, heard by Judge M. H. Justice and a jury, at the Spring Term, 1905, of the Superior Court of Cleveland. From a judgment of nonsuit, the plaintiff appealed. This is an action for personal injury sustained by plaintiff while operating a lapper in defendant company’s mill.
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ActioN by M. C. Ross against the Double Shoals Cotton Mills, heard by Judge M. H. Justice and a jury, at the Spring Term, 1905, of the Superior Court of Cleveland. From a judgment of nonsuit, the plaintiff appealed. This is an action for personal injury sustained by plaintiff while operating a lapper in defendant company’s mill. Plaintiff introduced Alfred Gilliam, who testified that he was 67 years of age, had worked at defendant’s mill since he was 15 and up to two years ago. The Tapper was purchased and put in mill six or seven years ago. Examined, and found to be very good, nothing wrong…
1Opinion of the Court
Connor, J.,
after stating the case: We did not have a model of the machine or any of its parts before us, by which to illustrate the testimony and argument. The plaintiff, in the employment of the defendant, was on the day of the injury operating a lapper in defendant’s cotton mill. The motive power was applied by a belt running over á pulley on the machine attached to another pulley overhead working upon shafting connected with the power. When it was desired to stop the machine for any purpose, the belt was removed or shifted from the tight to the loose pulley by means of the belt shifter. If…
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