Malcolm v. Mooresville Cotton Mills

The plaintiff introduced in evidence a part of paragraph five of the answer, as follows: “He was caught in a revolving shaft and received injuries resulting in his death.” Thereafter the defendant offered in evidence a portion of the fifth paragraph of the answer, from which said admission was taken, as follows: “Defendant admits that owing to the carelessness and negligence of plaintiff’s intestate, as hereinbefore alleged, he was caught in a revolving shaft and received injuries resulting in his death.”

The .plaintiff excepted to the action of the trial judge in permitting the defendant to…