O'Neal v. South & Western Railroad
Supreme Court of North Carolina
Appeal from Jones, J., at November Term, 1909, of Surry. Civil action to recover damages for personal injury. A motion in apt time was made to nonsuit the plaintiff, and was sustained. The plaintiff excepted and appealed. The facts are sufficiently stated in the opinion of the Court.
1Opinion of the CourtBrowN, J.
Taking all the evidence in its most favorable light for the plaintiff, it tends to prove that he was employed by one Ellis, foreman of the masonry force of defendant, as a blacks smith for the construction forces of defendant at Camp Ten, near Marion, N. C. Plaintiff and two 'fellow-servants were en'deavoring to hang up a coil pf rope weighing from two to three hundred pounds upon a peg in the tool-house. For some reason unexplained the fellow-servants let fall the coil on plaintiff’s shoulders and injured him.
Omitting any discussion of the question of negligence, it is plain that if any…
2Cases cited1 opinion
- Nicholson v. RailroadSupreme Court of North Carolina · 1905
3Cited by5 opinions
- National Mut. Casualty Co. v. ClarkMississippi Supreme Court · 1942
- Twiddy v. Dare Lumber Co.Supreme Court of North Carolina · 1911
- Gurganous v. Camp Manufacturing Co.Supreme Court of North Carolina · 1933
- Huntington Cab Co. v. American Fidelity & Casualty Co.District Court, S.D. West Virginia · 1945
- McDonald v. Randolph & Cumberland RailwaySupreme Court of North Carolina · 1914