Lynch v. Carolina, Clinchfield & Ohio Railway Co.
Supreme Court of North Carolina
Appeal by defendant from Justice, J., at February Term, 1913, of RutheReoed. Action for personal injury and damages caused by defendant’s negligence. Plaintiff was employed by defendant as bostler helper, and assigned by bis superior, or boss, to empty coal from a car or gondola, wbicb was standing on a trestle.
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Appeal by defendant from Justice, J., at February Term, 1913, of RutheReoed. Action for personal injury and damages caused by defendant’s negligence. Plaintiff was employed by defendant as bostler helper, and assigned by bis superior, or boss, to empty coal from a car or gondola, wbicb was standing on a trestle. Tbe coal was piled up in tbe bopper car, wbicb bad an opening in" tbe bottom, through wbicb tbe coal would'drop into tbe chute and thence into tbe tender of tbe engine underneath. The coal was of a large size. He bad been doing this kind of work safely with a pick for ten months…
1Opinion of the Court
Walker, J.,
after stating tbe case: It seems clear to us that tbe question of defendant’s negligence -was one for tbe jury. There is but one exception, that tbe court denied tbe motion for a nonsuit. We must, therefore, view the evidence most favorably for the plaintiff, and if there is any phase of it which, if found by the jury, entitles him to recover, it- presents a case for them, instead of one for a nonsuit.
We have said in numerous decisions that the master owes the duty to his servant, which he cannot safely neglect, to furnish him with proper tools and appliances for the performance of…
2Cases cited9 opinions
- Marks v. Cotton Mills.Supreme Court of North Carolina · 1904
- Mercer v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
- Dorsett v. Clement-Ross Manufacturing Co.Supreme Court of North Carolina · 1902
- Avery v. West Lumber Co.Supreme Court of North Carolina · 1908
- Whitson v. Wrenn.Supreme Court of North Carolina · 1903
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Deligny v. Tate Furniture Co.Supreme Court of North Carolina · 1915
- Witsell v. . R. R.Supreme Court of North Carolina · 1897
- Lloyd v. Southern Railway Co.Supreme Court of North Carolina · 1914
- Rogers v. . JonesSupreme Court of North Carolina · 1916
- Steele v. GrantSupreme Court of North Carolina · 1914
3 more not listed; retrieve them via the Exa API.