Young v. Virginia & North Carolina Construction Co.
Supreme Court of North Carolina
This was a civil action tried before Merrimon, J., at Spring Term, 1891, of Mecklenburg Superior Court, brought to recover damages for injury to the plaintiff occasioned by the alleged negligence of the defendant. In the complaint it is alleged — Third. That the “ boss ” or “ superintendent,” who had entire control and charge of the hands at work, one Captain Catlett, was, the day the injury was complained of, raising cross-ties, etc., and leveling the road-bed, etc.
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This was a civil action tried before Merrimon, J., at Spring Term, 1891, of Mecklenburg Superior Court, brought to recover damages for injury to the plaintiff occasioned by the alleged negligence of the defendant. In the complaint it is alleged — Third. That the “ boss ” or “ superintendent,” who had entire control and charge of the hands at work, one Captain Catlett, was, the day the injury was complained of, raising cross-ties, etc., and leveling the road-bed, etc. That in raising the cross-ties certain machines or tools, known as “jacks,” were used, but they were abandoned on account of…
1Opinion of the Court
MekrimoN, C. J.:
The complaint alleges that at the time the plaintiff sustained the injuries complained of, the defendant’s laborers (he being one of them) were engaged in “ raising cross-ties, etc., and leveling the road-bed,” etc. Now, in view of the nature of such employment, and the pole used as a lever in the connection as described in the complaint, and accepting all the evidence in respect to its use as true, we think the Court ought to have told the jury that the pole was an appropriate implement, and not dangerous for the purposes to which it was applied. All the evidence pertinent…
2Cited by4 opinions
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- Smith v. Postal Telegraph-Cable Co.Supreme Court of North Carolina · 1914