Ledford v. Valley River Lumber Co.
Supreme Court of North Carolina
Appeal by defendant from Brock, J., at tbe April Term, 1922, of CHEROKEE. Civil action to recover damages for an alleged negligent injury. Tbe plaintiff was injured while operating a “lay and sand belt” in tbe defendant’s furniture factory at Murphy, N. 0., on 14 August, 1920. He alleges that bis injury was due to tbe negligence of tbe defendant in failing to exercise ordinary care in undertaking to furnish him a reasonably safe place to work.
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Appeal by defendant from Brock, J., at tbe April Term, 1922, of CHEROKEE. Civil action to recover damages for an alleged negligent injury. Tbe plaintiff was injured while operating a “lay and sand belt” in tbe defendant’s furniture factory at Murphy, N. 0., on 14 August, 1920. He alleges that bis injury was due to tbe negligence of tbe defendant in failing to exercise ordinary care in undertaking to furnish him a reasonably safe place to work. Upon denial of liability and issues joined, tbe jury returned tbe follow-, ing verdict: , “1. "Was tbe plaintiff injured by tbe negligence of tbe…
1Opinion of the CourtStacy, J.
It is assigned as error that tbe defendant’s witness, W. W. Killian, on cross-examination, and over objection, was permitted to testify that tbe belt which caused tbe plaintiff’s injury was open and unprotected before tbe accident, and that other belts of a similar kind in tbe factory bad been guarded and encased since tbe present injury. This evidence, standing alone and by itself, if offered to establish negligence, would have been incompetent, as we have said in a number of decisions, notably Aiken v. Mfg. Co., 146 N. C., 324; Myers v. Lumber Co., 129 N. C., 252, and Lowe v. Elliott, 109…
2Cases cited11 opinions
- Wallace v. Western N. C. RailroadSupreme Court of North Carolina · 1889
- Smith v. . MooreSupreme Court of North Carolina · 1908
- Myers v. Lumber Co.Supreme Court of North Carolina · 1901
- Lowe v. . ElliottSupreme Court of North Carolina · 1891
- Rushing v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1908
6 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- United States v. BrooksCourt of Appeals for the Fourth Circuit · 1949
- Shelton v. Southern Railway Co.Supreme Court of North Carolina · 1927
- Helmstetler v. Duke Power Co.Supreme Court of North Carolina · 1945
- Shipp Ex Rel. Shipp v. United Stage Lines, Inc.Supreme Court of North Carolina · 1926
- Hobbs v. Queen City Coach Co.Supreme Court of North Carolina · 1945
38 more not listed; retrieve them via the Exa API.