Beaver Ex Rel. McGraw v. Fetter
Supreme Court of North Carolina
Appeal by defendant from Shaw, J., at the January Term, 1918, of Eorsyti-i. This is an action to recover damages for personal injury caused, as the plaintiff alleges, by the negligence of the defendant. On 14 June, 1916, the plaintiff was a helper in the employment of the defendant in the construction of a building on North Liberty Street, in the city of Winston-Salem, N. 0. The defendant had in charge of the construction as foreman a Mr. Duke.
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Appeal by defendant from Shaw, J., at the January Term, 1918, of Eorsyti-i. This is an action to recover damages for personal injury caused, as the plaintiff alleges, by the negligence of the defendant. On 14 June, 1916, the plaintiff was a helper in the employment of the defendant in the construction of a building on North Liberty Street, in the city of Winston-Salem, N. 0. The defendant had in charge of the construction as foreman a Mr. Duke. The defendant had piled some timbers 12 x 12 x 24, weighing about 2,000 pounds each, two deep along Liberty Street on the top of other timber 10 x 10,…
1Opinion of the CourtAlleN, J.
1. The first assignment of error is not sustained by the record. The witness was asked if he had done similar work before, and how many men were required, but his answer was that they generally had sufficient tools, which has no bearing on any alleged negligence of defendant, and could not have affected the verdict.
2. The earning capacity of the plaintiff before, and after his injury was competent and material on the issue of damages.
3. Frank Morgan, a carpenter, was present at the time of the injury and was testifying to a fact which came under his observation, and not to an opinion, when he…
2Cases cited2 opinions
- Britt v. Carolina Northern RailroadSupreme Court of North Carolina · 1908
- Turnage v. . JoynerSupreme Court of North Carolina · 1907
3Cited by11 opinions
- Shelton v. Southern Railway Co.Supreme Court of North Carolina · 1927
- State v. . HudsonSupreme Court of North Carolina · 1940
- State v. . WilliamsSupreme Court of North Carolina · 1941
- Edwards v. National Council, Junior Order United American Mechanics Beneficiary DegreeSupreme Court of North Carolina · 1941
- State v. HudsonSupreme Court of North Carolina · 1940
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