Whittington v. Virginia Iron, Coal & Coke Co.
Supreme Court of North Carolina
Appeal by defendant from Long, J., at the October Term, 1919, of "W*ILKES. This action is for the alleged negligent killing of plaintiff's intestate while working in defendant company’s coal mine, on Tom’s Creek, Virginia, 8 September, 1917. The allegation of negligence relied on by the plaintiff is that defendant did not fnrnish a reasonably safe place to work. The intestate was employed by defendant company as a driver of a mule team in its mines.
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Appeal by defendant from Long, J., at the October Term, 1919, of "W*ILKES. This action is for the alleged negligent killing of plaintiff's intestate while working in defendant company’s coal mine, on Tom’s Creek, Virginia, 8 September, 1917. The allegation of negligence relied on by the plaintiff is that defendant did not fnrnish a reasonably safe place to work. The intestate was employed by defendant company as a driver of a mule team in its mines. The teams are hitched to little cars that run on tracks, similar to ordinary railroad tracks, laid along the tunnels, or entries, that lead into…
1Opinion of the CourtAllen, J.
The principles of law discussed before us are simple, and the only difficulty is in their application to the evidence.
Tbs courts of Virginia and of tbis State are in perfect harmony as to tbe duty of tbe employer to provide a reasonably safe place for tbe employee to work, as is shown by tbe opinion of tbe Virginia Court in Trotter v. R. R., 98 S. E., 623, in wbicb it is said: “It is one of tbe nonassignable duties of tbe master to use due care to furnish tbe servant a reasonably safe place in wbicb to work, and reasonably safe tools and utensils with wbicb to work, and if be fails to do so…
2Cases cited5 opinions
- State v. . VinsonSupreme Court of North Carolina · 1869
- Byrd v. Express Co.Supreme Court of North Carolina · 1905
- Brown v. . KinseySupreme Court of North Carolina · 1879
- Renn v. . R. R.Supreme Court of North Carolina · 1915
- Lewis v. Clyde Steamship Co.Supreme Court of North Carolina · 1903
3Cited by6 opinions
- Lawrence v. . Power Co.Supreme Court of North Carolina · 1925
- Dickerson v. . R. R.Supreme Court of North Carolina · 1925
- Lawrence v. Yadkin River Power Co.Supreme Court of North Carolina · 1925
- Peterson v. SucroCourt of Appeals for the Fourth Circuit · 1939
- Dickerson v. Norfolk Southern RailroadSupreme Court of North Carolina · 1925
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