Boggs v. Cullowhee Mining Co.
Supreme Court of North Carolina
Appeal by defendant from Fergusop, J., at May Term, 1912, of JACKSON. Civil action to recover damages for personal injuries.
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Appeal by defendant from Fergusop, J., at May Term, 1912, of JACKSON. Civil action to recover damages for personal injuries. There was allegation, with evidence on the part of plaintiff tending to show that on 17 March, 1910, plaintiff, in the course of his duty as an employee of defendant, was engaged in operating a dump-car over defendant’s tramroad, and received serious physical injuries by reason of a defective brake and brake rod on said car, and that the company had been notified that said brake and rod, etc., were defective and likely to cause injury. There was evidence on the part of…
1Opinion of the CourtHoke, J.
We Rave carefully examined the record, and find no reversible error. Tlie charge of the court on the different questions presented is in accord with our decisions, and, the jury having accepted the plaintiff’s version of the matter, an actionable wrong is clearly established.
It was contended that the judge committed error in admitting for plaintiff a deposition of the witness H. A. Hein, when the witness had not signed the same. It is desirable always that the witness should subscribe the deposition, but the statute does not seem to require this, and, on authority, this is held not to be an…
2Cases cited4 opinions
- Blevins v. Erwin Cotton MillsSupreme Court of North Carolina · 1909
- Myers v. Lumber Co.Supreme Court of North Carolina · 1901
- Lowe v. . ElliottSupreme Court of North Carolina · 1891
- Tise v. Town of ThomasvilleSupreme Court of North Carolina · 1909
3Cited by8 opinions
- Shelton v. Southern Railway Co.Supreme Court of North Carolina · 1927
- Fanelty v. Rogers Jewelers, Inc.Supreme Court of North Carolina · 1949
- Mintz v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1952
- McMillan v. . R. R.Supreme Court of North Carolina · 1916
- McMillan v. Atlanta & Charlotte Air Line Railway Co.Supreme Court of North Carolina · 1916
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