Hairston v. . Leather Co.
Supreme Court of North Carolina
ActioN by Lutber Hairston against the United States Leather Company, heard by Judge O. II. Allen and a jury, at the September Term, 1906, of the Superior Court of Buncombe.
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ActioN by Lutber Hairston against the United States Leather Company, heard by Judge O. II. Allen and a jury, at the September Term, 1906, of the Superior Court of Buncombe. There was allegation and evidence on the part of plaintiff tending to show that defendant, a corporation engaged in the business of manufacturing leather and extracting tannic acid, in aid of and as a part of its enterprise, had constructed and was using 12' to 14 miles of railroad trade, standard gauge, in and around its plant at Old Fort, N. 0., and in operating/ this road had its own crew, engines, cars, etc.; and also…
1Opinion of the Court
HoKe, J.,
after stating tbe case: In tbe cases of Greenlee and Troxler, both being actions to recover for injuries inflicted on employees by tbe negligent failure of railroad companies to furnish their cars with automatic couplers, tbe principle was announced that such a failure would amount to continuing negligence on tbe part of tbe companies which would shut off tbe defense of contributory negligence and assumption of risk.
In Greenlee's case, reported in 122 N. C., 977, it was held:(a) “Tbe failure of a railroad company to equip its freight cars with modem self-coupling devices is…
2Cases cited4 opinions
- Hinshaw v. Raleigh & Augusta Air Line R. R.Supreme Court of North Carolina · 1896
- Coley v. North Carolina RailroadSupreme Court of North Carolina · 1901
- Hemphill v. . Lumber Co.Supreme Court of North Carolina · 1906
- Elmore v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1903
3Cited by7 opinions
- Twiddy v. Dare Lumber Co.Supreme Court of North Carolina · 1911
- American Car & Foundry Co. v. InzerIndiana Court of Appeals · 1913
- Blackburn v. Cherokee Lumber Co.Supreme Court of North Carolina · 1910
- Bloxham v. . Timber CorporationSupreme Court of North Carolina · 1916
- Bloxham v. Stave & Timber Corp.Supreme Court of North Carolina · 1916
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