Gadsden v. George H. Crafts & Co.
Supreme Court of North Carolina
Civil actioN, tried before Devin, J., and a jury at December Term, 1917, of New HaNover. The plaintiff sued the three defendants, Crafts- & Co., Atlantic Coast Line Eailroad Company, and Seaboard Air Line Eailroad Company, alleging that he was injured by the negligence of Crafts & Co., by whom he was employed as a servant in building a bridge over the tracks of the two railroad companies on Fourth Street in the City of "Wilmington, the said Crafts & Co. being the servant or…
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Civil actioN, tried before Devin, J., and a jury at December Term, 1917, of New HaNover. The plaintiff sued the three defendants, Crafts- & Co., Atlantic Coast Line Eailroad Company, and Seaboard Air Line Eailroad Company, alleging that he was injured by the negligence of Crafts & Co., by whom he was employed as a servant in building a bridge over the tracks of the two railroad companies on Fourth Street in the City of "Wilmington, the said Crafts & Co. being the servant or employee of the railroad companies in building the bridge. Crafts & Co. did not appear or plead, and judgment by default…
1Opinion of the Court
Walker, J.,
after stating the case: The plaintiff alleged that his injury was caused by a defect in one of the scantlings used in constructing "tbe bridge, it having been sawed nearly in two, so aá to weaken it and ■üinrimisli its support of tbe trough in which he was mixing material and "the platform upon which he stood to perform his work. The defendants’ ■evidence tended to show that the weakness of the scantling was caused by a knot in it. Thereupon plaintiff requested that he be allowed to .amend his complaint by alleging this fact as an additional act of negligence. The Court permitted…
2Cases cited18 opinions
- Washington Gas Light Co. v. District of ColumbiaSupreme Court of the United States · 1896
- Lovejoy v. MurraySupreme Court of the United States · 1866
- Union Stock Yards Co. v. Chicago, Burlington & Quincy RailroadSupreme Court of the United States · 1905
- Gregg v. City of WilmingtonSupreme Court of North Carolina · 1911
- Brown v. Town of LouisburgSupreme Court of North Carolina · 1900
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3Cited by20 opinions
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- Branch v. DempseySupreme Court of North Carolina · 1965
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