Stultz v. . Thomas
Supreme Court of North Carolina
Appeal by defendants from Webb, Jat March Term, 1921, of FORSYTE. Civil action to recover damages for an alleged negligent injury to plaintiff by falling over a rope barricade which the defendants had erected around a newly laid concrete sidewalk in the city of Winston-Salem. The defendants were engaged, under a contract with the city, in replacing an old sidewalk with a new concrete one in front of the premises occupied by the plaintiff’s sister.
Read the full summary
Appeal by defendants from Webb, Jat March Term, 1921, of FORSYTE. Civil action to recover damages for an alleged negligent injury to plaintiff by falling over a rope barricade which the defendants had erected around a newly laid concrete sidewalk in the city of Winston-Salem. The defendants were engaged, under a contract with the city, in replacing an old sidewalk with a new concrete one in front of the premises occupied by the plaintiff’s sister. The plaintiff, a woman of about fifty years of age, a seamstress by occupation, had rooms on the opposite side of the street, and took her meals at…
1Opinion of the Court
Stacy, I.
Considering the evidence in its most favorable light for the plaintiff, the accepted position on a motion to nonsuit, we think his Honor was correct in submitting the case to the jury.
Upon trial in the Superior Court, the defendants proposed to show, by several witnesses, the custom prevailing in Winston among other contractors with respect to the precautions used by them in doing work of the same character in which the defendants were engaged. This evidence was excluded, upon objection by plaintiff, and defendants assign such ruling as error. The purpose in offering this evidence,…
2Cases cited6 opinions
- Taylor v. . StewartSupreme Court of North Carolina · 1916
- Malloy v. Township of WalkerMichigan Supreme Court · 1889
- Stone v. Texas Co.Supreme Court of North Carolina · 1920
- Ridge v. City of High PointSupreme Court of North Carolina · 1918
- Larson v. RingSupreme Court of Minnesota · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Elsner v. UvegesCalifornia Supreme Court · 2004
- Lincoln v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1935
- Conley Ex Rel. Conley v. Pearce-Young-Angel Co.Supreme Court of North Carolina · 1944
- Goss Ex Rel. Goss v. WilliamsSupreme Court of North Carolina · 1928
- Hurtel v. Albert Cohn, Inc.California Supreme Court · 1936
17 more not listed; retrieve them via the Exa API.