Boney v. Atlantic & North Carolina Railroad
Supreme Court of North Carolina
Civil actior, tried before Long, J., and a jury, at May Term, 1907, of the Superior Court of LeNOik County, to recover damages arising out of a personal injury received by plaintiff, alleged to have been caused by defendant’s negligence. From a judgment for plaintiff defendant appealed. The facts sufficiently appear in the opinion of the Court.
1DissentWalker, J.
The plaintiff was injured in consequence of using a defective hand car, whose defects he had repeatedly reported to his superior, who promised to furnish another hand car, but had failed to do so. The nonsuit was properly refused, both because of the fellow-servant law (Revisal, sec. 2646), which denies the defense of assumption of risk when an employee is injured "by any defect in the machinery, ways and appliances of the company" (Coley v.R. R., 128 N.C. 534), and even independently of that statute, because the plaintiff had reported the defective hand car to his superior and had been…
2Cases cited6 opinions
- Ramsbottom v. RailroadSupreme Court of North Carolina · 1905
- Wallace v. Western N. C. RailroadSupreme Court of North Carolina · 1889
- Coley v. North Carolina RailroadSupreme Court of North Carolina · 1901
- Ruffin v. RailroadSupreme Court of North Carolina · 1906
- Baker v. Wilmington & Weldon R. R.Supreme Court of North Carolina · 1896
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3Cited by15 opinions
- Worthington v. BynumSupreme Court of North Carolina · 1982
- Cole v. . R. R.Supreme Court of North Carolina · 1937
- Goodman v. . GoodmanSupreme Court of North Carolina · 1931
- Parker v. . R. R.Supreme Court of North Carolina · 1921
- Hyatt v. . McCoySupreme Court of North Carolina · 1927
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