Legal Opinion

Green v. W. M. Ritter Lumber Co.

Supreme Court of North Carolina

Decided December 21, 1921PublishedCited by 6 opinions

Appeal by defendants from Bryson, J., at July Term, 1921, of SwaiN. Civil action to recover damages for an alleged negligent injury to plaintiff while working at tbe defendant’s planing mill on 10 January, 1920. There was evidence, adduced on tbe trial, tending to show that tbe planing machine at which tbe plaintiff did bis work was defective and unsafe; that be was required to operate it without sufficient help or assistance; that, for the want of a helper to bear off the…

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Appeal by defendants from Bryson, J., at July Term, 1921, of SwaiN. Civil action to recover damages for an alleged negligent injury to plaintiff while working at tbe defendant’s planing mill on 10 January, 1920. There was evidence, adduced on tbe trial, tending to show that tbe planing machine at which tbe plaintiff did bis work was defective and unsafe; that be was required to operate it without sufficient help or assistance; that, for the want of a helper to bear off the strips and boards, they were allowed to accumulate around the planer, causing it to stall and rendering it necessary for…

1Opinion of the CourtStagy, J.

The defendants rely chiefly upon their motion for judgment as of nonsuit; but, under the principle announced in Steeley v. Lumber Co., 165 N. C., 27; Pigford v. R. R., 160 N. C., 93, and numerous other cases to like import, we think the evidence was sufficient to require its submission to the jury and to warrant a verdict in favor of the plaintiff.

The remaining exception is directed to a portion of his Honor’s charge in which he undertakes to state the plaintiff’s contentions. Defendants say the contentions of their adversary were overstated, or stated too strongly; that they were not…

2Cases cited3 opinions

  1. Pigford v. . R. R.Supreme Court of North Carolina · 1912
  2. Steeley v. Dare Lumber Co.Supreme Court of North Carolina · 1914
  3. State v. . HallSupreme Court of North Carolina · 1921

3Cited by6 opinions

  1. State v. . SteeleSupreme Court of North Carolina · 1925
  2. State v. SteeleSupreme Court of North Carolina · 1925
  3. State v. . BrinkleySupreme Court of North Carolina · 1922
  4. State v. . JonesSupreme Court of North Carolina · 1924
  5. Hood Ex Rel. Pinetops Banking Co. v. CobbSupreme Court of North Carolina · 1934

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