Blevins v. Erwin Cotton Mills
Supreme Court of North Carolina
Action to recover damages for personal injury, caused by alleged negligence of defendant company, tried before Jones, J., and a jury, at October Term, 1908, of Dtoham. Plaintiff objected to a juror because be was an employee of defendant company; objection overruled; plaintiff excepted. The juror was then challenged peremptorily; the challenge was allowed.
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Action to recover damages for personal injury, caused by alleged negligence of defendant company, tried before Jones, J., and a jury, at October Term, 1908, of Dtoham. Plaintiff objected to a juror because be was an employee of defendant company; objection overruled; plaintiff excepted. The juror was then challenged peremptorily; the challenge was allowed. The negligence alleged against the defendant, as indicated in the complaint, was that the door of one of the machines, where the plaintiff was required to work and at which he was injured, “was defective, and had been for many weeks, in…
1Opinion of the Court
Hoke, J.,
after stating the case: We have carefully considered the exceptions noted in the record, and find no reversible error-to plaintiff’s prejudice. It is very generally held that an employee is an incompetent juror for the trial of a cause involving the rights or interests of the employer, and the plaintiff’s objection should have been sustained. Railroad v. Mitchell, 63 Ga., 173; Railroad v. Mask, 164 Miss., 738. But the juror was challenged peremptorily, and it does not appear that the plaintiff’s rights were in any way prejudiced by this ruling of the court. We have uniformly held…
2Cases cited10 opinions
- Ross v. Cotton Mills.Supreme Court of North Carolina · 1905
- Brewster v. Elizabeth City.Supreme Court of North Carolina · 1905
- Lloyd v. P. H. Hanes & Co.Supreme Court of North Carolina · 1900
- Central Railroad v. MitchellSupreme Court of Georgia · 1879
- Wade Ex Rel. Moore v. McLean Contracting Co.Supreme Court of North Carolina · 1908
5 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Shelton v. Southern Railway Co.Supreme Court of North Carolina · 1927
- Tennessee-Carolina Transportation, Inc. v. Strick Corp.Supreme Court of North Carolina · 1974
- Goss Ex Rel. Goss v. WilliamsSupreme Court of North Carolina · 1928
- Balcum v. . JohnsonSupreme Court of North Carolina · 1919
- Fulcher v. Pine Lumber Co.Supreme Court of North Carolina · 1926
28 more not listed; retrieve them via the Exa API.