Pritchett v. Southern Railway Co.
Supreme Court of North Carolina
Appeal from Lyon, J., at May Term, 1911, of Eowah. This action is to recover damages for the loss of an eye and other injuries caused, as the plaintiff alleges, by the negligence of the. defendant in failing to furnish him a safe place to work, and in not providing a shield to protect him from brass chips falling from a boring mill.
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Appeal from Lyon, J., at May Term, 1911, of Eowah. This action is to recover damages for the loss of an eye and other injuries caused, as the plaintiff alleges, by the negligence of the. defendant in failing to furnish him a safe place to work, and in not providing a shield to protect him from brass chips falling from a boring mill. The defendant denies negligence and alleges that the injury to the plaintiff was an accident, or that it was caused by his contributory negligence, or was the result of one of those risks assumed as a part of his employment. All of the evidence is not set out, but…
1Opinion of the Court
AlleN, J.,
after stating the case: There is no error in the rulings on the evidence.
The defendant alleges in its answer that the chip which entered the eye of the plaintiff came from the hammer he was using, and it was competent, for the purpose of meeting this contention, to show that on account of the condition of the hammer the plaintiff was not striking with it at the time he was injured. The evidence that the plaintiff would have completed his job upon which he was at work within one and a half minutes is of little importance, but is relevant to the inquiry. The plaintiff testified that…
2Cases cited10 opinions
- Cotton v. North Carolina R. R. Co.Supreme Court of North Carolina · 1908
- Blevins v. Erwin Cotton MillsSupreme Court of North Carolina · 1909
- Hudson v. Charleston, Cincinnati & Chicago RailroadSupreme Court of North Carolina · 1889
- Shives v. Eno Cotton MillsSupreme Court of North Carolina · 1909
- House v. Southern Railway Co.Supreme Court of North Carolina · 1910
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- McNeill v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1914
- Deligny v. Tate Furniture Co.Supreme Court of North Carolina · 1915
- Orr v. . RumboughSupreme Court of North Carolina · 1916
- Odom v. Canfield Lumber Co.Supreme Court of North Carolina · 1917
- Lea v. Southern Public Utilities Co.Supreme Court of North Carolina · 1918
5 more not listed; retrieve them via the Exa API.