Mills v. Marion Manufacturing Co.

1. Is it evidence of negligence to require a workman to clean machinery while in motion ?

2. If so, does the act of the workman in so cleaning the machinery constitute contributory negligence or assumption of risk as a matter of law?

These propositions were considered by this Court in Marks v. Cotton Mills, 138 N. C., 401, 50 S. E., 769. The rule was thus declared: “To prevent misconception, we desire to say that our decision in this case, based upon the admitted facts, is simply that the allegation of negligence in ordering the machine to be cleaned while in motion should be submitted to the…