Legal Opinion

Starnes Ex Rel. Starnes v. Albion Manufacturing Co.

Supreme Court of North Carolina

Decided May 6, 1908PublishedCited by 41 opinions

ActioN to recover damages for personal injury, tried before Moore, J., and a jury, at March Term, 1908, of MeciclbN-BUR.G. The court submitted these issues: “1. Was the plaintiff injured by the negligence of the defendant, as alleged in the complaint ?” Answer: “Yes.”

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ActioN to recover damages for personal injury, tried before Moore, J., and a jury, at March Term, 1908, of MeciclbN-BUR.G. The court submitted these issues: “1. Was the plaintiff injured by the negligence of the defendant, as alleged in the complaint ?” Answer: “Yes.” “2. Did the plaintiff, by his own negligence, contribute to his injury, as alleged in the answer?” Answer: “No.” “3. What amount of damages, if any, is the plaintiff entitled to recover ?” Answer: “Three thousand dollars.” From the judgment rendered the defendant appealed.

1Opinion of the CourtBbowN, J.

It seems to have been admitted that the plaintiff was employed by defendant to work in its cotton factory, and that he was assigned to the spinning room on the second floor; that his duties were to sweep out the spinning room and to make bands; that plaintiff performed such duties from September, 1906, the date' of his employment, until 5 January, 1901, when he was injured. On that day he went down on the lower floor, as he had frequently done -before, to see his father, who was running the carding machines. While there plaintiff got his hand caught and injured in the cylinder of one of the…

2Cases cited8 opinions

  1. Patterson v. KentuckySupreme Court of the United States · 1879
  2. Head v. Amoskeag Manufacturing Co.Supreme Court of the United States · 1885
  3. Queen v. Dayton Coal & Iron Co.Tennessee Supreme Court · 1895
  4. Leathers v. Blackwell Durham Tobacco Co.Supreme Court of North Carolina · 1907
  5. Rolin v. . Tobacco Co.Supreme Court of North Carolina · 1906

3 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. Berdos v. Tremont & Suffolk MillsMassachusetts Supreme Judicial Court · 1911
  2. Aldridge Ex Rel. Aldridge v. HastySupreme Court of North Carolina · 1954
  3. In Re AldermanSupreme Court of North Carolina · 1911
  4. Inland Steel Co. v. YedinakIndiana Supreme Court · 1909
  5. Ledbetter v. . EnglishSupreme Court of North Carolina · 1914

36 more not listed; retrieve them via the Exa API.

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