Barnett v. Mills
Supreme Court of North Carolina
Appeal by defendant from Harding, J., at July Term, 1914, of CLEVELAND. This is an action to recover damages for personal injury caused by the explosion of a dynamite cap. The material parts of the evidence are stated in the opinion. The defendant moved to dismiss the action because of the pendency of another action for the same cause in Eutherford County, in which a judgment of nonsuit had been entered. The motion was overruled, and the defendant excepted.
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Appeal by defendant from Harding, J., at July Term, 1914, of CLEVELAND. This is an action to recover damages for personal injury caused by the explosion of a dynamite cap. The material parts of the evidence are stated in the opinion. The defendant moved to dismiss the action because of the pendency of another action for the same cause in Eutherford County, in which a judgment of nonsuit had been entered. The motion was overruled, and the defendant excepted. There was also a motion for judgment of nonsuit, which was overruled, and defendant excepted. His Honor charged the jury, among other…
1Opinion of the CourtAlleN, J.
"We will consider together the motion for judgment of non-suit and the exceptions to the instructions to the jury, as both involve the contentions of the defendant that there is no evidence (1) that the dynamite caps were left on the ground by its employees, (2) that the place where the caps were found is a public place, (3) that the place or caps were likely to attract children; and that if there is evidence of these facts, they and the other circumstances relied on by the plaintiff were not sufficient to carry the case to the jury.
We will first reproduce parts of the evidence introduced by…
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