Davis v. North Carolina Shipbuilding Co.
Supreme Court of North Carolina
Civil actioN, tried before Connor, J., and a jury, at March Term, 1920, of Carteret. •Tbe action is to recover damages for death of plaintiff’s intestate, caused by alleged negligence of defendant while he was claimed to be in defendant’s employment. There was denial of employment of intestate, defendant claiming that the plant and enterprise, at the time, were under control of United States Government.
Read the full summary
Civil actioN, tried before Connor, J., and a jury, at March Term, 1920, of Carteret. •Tbe action is to recover damages for death of plaintiff’s intestate, caused by alleged negligence of defendant while he was claimed to be in defendant’s employment. There was denial of employment of intestate, defendant claiming that the plant and enterprise, at the time, were under control of United States Government. There was also denial of any negligence on part of defendant, and also pleas of contributory negligence and assumption of risk. On issues submitted the jury rendered the following verdict: “1.…
1Opinion of the CourtHoke, J.
There were facts in evidence tending to show that on 1 March, 1918, the intestate of plaintiff, with other employees of the shipbuilding company, were engaged in removing some heavy timber from a car and piling them on the ground near, by means of a derrick or crane; that these workmen, at the time, were under the immediate supervision and direction of a foreman or boss, who stood towards them in the relation of vice principal, and that the derrick crane was defective, and bad been for several days; tbat in attempting to remove a very heavy piece of timber from tbe car, one end of it lodged…
2Cases cited13 opinions
- Ridge v. Norfolk Southern RailroadSupreme Court of North Carolina · 1914
- Clark v. Bonsal & Co.Supreme Court of North Carolina · 1911
- Patton v. Western North Carolina RailroadSupreme Court of North Carolina · 1887
- Wade Ex Rel. Moore v. McLean Contracting Co.Supreme Court of North Carolina · 1908
- Holton v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1910
8 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- War Emergency Co-Op. Ass'n v. WidenhouseCourt of Appeals for the Fourth Circuit · 1948
- Herndon v. . MasseySupreme Court of North Carolina · 1940
- Fulcher v. Pine Lumber Co.Supreme Court of North Carolina · 1926
- Levy v. Superior CourtCalifornia Court of Appeal · 1925
- Keller v. . Furniture Co.Supreme Court of North Carolina · 1930
19 more not listed; retrieve them via the Exa API.