Pearson v. Harris Clay Co.
Supreme Court of North Carolina
Appeal by defendant from Cline, J., at November Term, 1912, of Mitchell. The 'plaintiff was employed by defendant to carry dirt in a dump car for the purpose of assisting in laying a railway.
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Appeal by defendant from Cline, J., at November Term, 1912, of Mitchell. The 'plaintiff was employed by defendant to carry dirt in a dump car for the purpose of assisting in laying a railway. In order to do his work, he was required to..go upon a trestle with his car to dump the dirt, and while engaged in doing so he stepped upon a plank, laid upon the ties on tbe outside of the rail or on the outer edge of the trestle, which gave way with him, and he fell across the tie and was badly ruptured. There was evidence that the plank was defective. The plank was placed there for him and his…
1Opinion of the Court
Walker, J.,
after stating the case: The defendant contended and introduced evidence to show that plaintiff was not injured in the manner stated by him, but that he had been ruptured before the time of the alleged occurrence. The plaintiff was permitted to testify, over defendant’s objection, that when he returned to his work after the injury, “the plank had been either pulled back and fixed, or a new one put there.” The defendant objected to this evidence, and argued here that it was incompetent as tending to show negligence of defendant, under Lowe v. Elliott, 109 N. C., 581; but the court…
2Cases cited4 opinions
- Dillon v. City of RaleighSupreme Court of North Carolina · 1899
- Lowe v. . ElliottSupreme Court of North Carolina · 1891
- Tise v. Town of ThomasvilleSupreme Court of North Carolina · 1909
- Jones v. City of High PointSupreme Court of North Carolina · 1910
3Cited by13 opinions
- Shelton v. Southern Railway Co.Supreme Court of North Carolina · 1927
- Mintz v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1952
- Holt v. Oval Oak Manufacturing Co.Supreme Court of North Carolina · 1919
- Beck v. Sylva Tanning Co.Supreme Court of North Carolina · 1919
- McMillan v. . R. R.Supreme Court of North Carolina · 1916
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