Pigford v. Norfolk Southern Railroad
Supreme Court of North Carolina
Appeal by defendant from Justice, J., at April Term, 1912, of CRAVEN. Action for injuries alleged to have been caused by negligence. Plaintiff was employed by defendant and, at tbe time be was burt, was instructed by J. D. Spradlin, tbe supervisor and bis superior officer, to load a gondola car witb iron rails, wbieb bad been twisted and bent in a wreck and were very crooked. Defendant told Spradlin tbat be would want more belp.
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Appeal by defendant from Justice, J., at April Term, 1912, of CRAVEN. Action for injuries alleged to have been caused by negligence. Plaintiff was employed by defendant and, at tbe time be was burt, was instructed by J. D. Spradlin, tbe supervisor and bis superior officer, to load a gondola car witb iron rails, wbieb bad been twisted and bent in a wreck and were very crooked. Defendant told Spradlin tbat be would want more belp. Tbe situation may be better described in bis .own words: “I told bim I would want more belp. I told bim I bad three men and my boy working witb me, and I didn’t tbink…
1Opinion of the Court
Walker, J\,
after stating the ease: The duty of the defendant to supply help sufficient for the safe performance of the work allotted to the plaintiff is not questioned by the appellant, but it is contended that if it failed to do so, the plaintiff was guilty of such negligence in going on with the work, after the refusal to comply with his request, as bars his recovery, it being an act of contributory negligence on his part, which was the proximate cause of the injury to him. We cannot assent to this proposition, except in a qualified sense. The doctrine of assumption of risk is dependent…
2Cases cited27 opinions
- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
- Harley v. Buffalo Car Manufacturing Co.New York Court of Appeals · 1894
- State v. Wilcox.Supreme Court of North Carolina · 1903
- Marks v. Cotton Mills.Supreme Court of North Carolina · 1904
- Cotton v. North Carolina R. R. Co.Supreme Court of North Carolina · 1908
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3Cited by13 opinions
- Summerlin v. . R. R.Supreme Court of North Carolina · 1903
- Cain v. GuytonCourt of Appeals of North Carolina · 1986
- Gaither v. E. H. Clement Co.Supreme Court of North Carolina · 1922
- Pritchett v. . R. R.Supreme Court of North Carolina · 1911
- Sasser v. Hales-Bryant Lumber Co.Supreme Court of North Carolina · 1914
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