Legal Opinion

Orr v. . Rumbough

Supreme Court of North Carolina

Decided December 19, 1916PublishedCited by 17 opinions

Appeal from Adams, J., at August Term, 1916, of BuNcombe. This is an action to recover damages for the wrongful death of the intestate of the plaintiff, caused, as the plaintiff alleges, by the negligence of the defendant— (a) Installing a highly and intrinsically dangerous welding machine in their place of business, where the. plaintiff’s intestate’s duties required him to work.

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Appeal from Adams, J., at August Term, 1916, of BuNcombe. This is an action to recover damages for the wrongful death of the intestate of the plaintiff, caused, as the plaintiff alleges, by the negligence of the defendant— (a) Installing a highly and intrinsically dangerous welding machine in their place of business, where the. plaintiff’s intestate’s duties required him to work. (i) In exposing the plaintiff’s intestate to dangers of said intrinsically dangerous welding machine and the operation of the same. (c) In requiring plaintiff’s intestate, B. L. Orr, to work in the room with the…

1Opinion of the CourtAlueN, J.

The verdict establishes the fact that the intestate of the plaintiff was in the employment of the defendant at the time of Ms death, and tMs relationship imposed on the defendant the duty of providing a reasonably safe place to work, reasonably safe appliances, and to give such inspection to the premises and appliances as was necessary to keep them in this condition, and to warn the employee of dangers known to the employer of which he might know by the exercise of ordinary care, and which were unknown to the employee or which he could not discover in the careful performance of his duty.…

2Cases cited11 opinions

  1. Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
  2. Stewart v. Carpet Co.Supreme Court of North Carolina · 1905
  3. Womble v. . Grocery Co.Supreme Court of North Carolina · 1904
  4. Ridge v. Norfolk Southern RailroadSupreme Court of North Carolina · 1914
  5. Ross v. Cotton Mills.Supreme Court of North Carolina · 1905

6 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Springs v. . DollSupreme Court of North Carolina · 1929
  2. Etheridge v. . EtheridgeSupreme Court of North Carolina · 1943
  3. Etheridge v. EtheridgeSupreme Court of North Carolina · 1943
  4. Smith v. Gulf Oil Corp.Supreme Court of North Carolina · 1954
  5. Lea v. Carolina Power and Light CompanySupreme Court of North Carolina · 1957

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