Buchanan v. Ritter Lumber Co.
Supreme Court of North Carolina
Appeal by defendant from Long, J., at July Term, 1914, of Mitchell. Civil action to recover damages for alleged killing of plaintiff’s intestate.
Read the full summary
Appeal by defendant from Long, J., at July Term, 1914, of Mitchell. Civil action to recover damages for alleged killing of plaintiff’s intestate. There was evidence on part of plaintiff tending to show that on 23 April, 1910, the intestate, an employee of defendant company, then making $1 or $2 a day, a young man of 21 or 22 years of age, of good habits, industrious, of good vigor of mind- and body, was run over and fatally injured, dying soon after, by a steam engine of defendant company which was being operated over defendant’s ro.ad in the course of the company’s work; that at the time of…
1Opinion of the Court
Hoee, J.,
after stating tbe case: It was earnestly urged for error by defendant tbat bis Honor refused to nonsuit plaintiff both on tbe pleadings and tbe evidence; but tbe position cannot be sustained. It is fully established with us tbat an employer, in tbe exercise of reasonable care, must provide for bis employees a safe place to do bis work, and a failure of duty in this respect will constitute negligence. Cook v. Cranberry Furnace Co., 161 N. C., 39; Jackson v. Lumber Co., 158 N. C., 317; Tanner v. Lumber Co., 140 N. C., 475.
An examination of tbe authorities will show tbat tbe position is…
2Cases cited20 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Drum v. MillerSupreme Court of North Carolina · 1904
- Russell v. Carolina Central R. R.Supreme Court of North Carolina · 1896
- Ramsbottom v. . RailroadSupreme Court of North Carolina · 1905
- Davidson Steamship Co. v. United StatesSupreme Court of the United States · 1907
15 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Ramsbottom v. . RailroadSupreme Court of North Carolina · 1905
- Alexander v. . StatesvilleSupreme Court of North Carolina · 1914
- Farris v. . R. R.Supreme Court of North Carolina · 1909
- Harvell v. . Lumber Co.Supreme Court of North Carolina · 1911
- Snipes v. . Manufacturing CompanySupreme Court of North Carolina · 1910