Brown v. J. S. Scofields Sons Co.
Supreme Court of North Carolina
Civil actioN tried before Daniels, J., at January Term, 1917, of PeRquimaNS, upon these issues: 1. Was plaintiff injured by tbe negligence of tbe defendant, as alleged in tbe complaint ? Answer: “Yes.” 2. Did plaintiff contribute by bis own negligence to bis injury, as alleged in tbe answer? Answer: “No.” 3. Did tbe plaintiff assume tbe risks and dangers of injury in bis employment? Answer: “No.” 4. What damages, if any, is plaintiff entitled to recover of defendant? Answer:…
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Civil actioN tried before Daniels, J., at January Term, 1917, of PeRquimaNS, upon these issues: 1. Was plaintiff injured by tbe negligence of tbe defendant, as alleged in tbe complaint ? Answer: “Yes.” 2. Did plaintiff contribute by bis own negligence to bis injury, as alleged in tbe answer? Answer: “No.” 3. Did tbe plaintiff assume tbe risks and dangers of injury in bis employment? Answer: “No.” 4. What damages, if any, is plaintiff entitled to recover of defendant? Answer: “$7,500.” From tbe judgment rendered defendant appealed.
1Opinion of the CourtBhowjst, J.
Tbe defendant introduced no evidence. Tbe facts established by that introduced by plaintiff are few and simple.
Tbe defendant, as subcontractor for MacOreary & Co., was engaged in erecting a large water tower and tank 100 feet in height at Hertford, N. O. Defendant’s foreman, Stanly, was superintending tbe work. One Montgomery was directed to paint tbe tank, wbicb bad been finished. He put on a pair of overalls, took bis paint brush, bucket of paint, and a pair of pliers and went upon tbe tank to paint it. There was a swinging seat from the top of the tank on which Montgomery had to sit in…
2Cases cited10 opinions
- Armour v. HahnSupreme Court of the United States · 1884
- Hicks v. . Manufacturing Co.Supreme Court of North Carolina · 1905
- Southern Indiana Railway Co. v. HarrellIndiana Supreme Court · 1903
- Fraser v. Red River Lumber Co.Supreme Court of Minnesota · 1891
- McGinty v. Athol Reservoir Co.Massachusetts Supreme Judicial Court · 1892
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