Smith v. Southern Railway Co.
Supreme Court of North Carolina
Appeal by defendant from Webb, J., at September Term, 1915, of MECKLENBURG. Civil action to recover damages for personal injuries caused by the alleged negligence of the defendant company. On the ordinary issues, in demands of this character, as to negligence, contributory negligence and damages, there was verdict for plaintiff. Judgment on the verdict and defendant appealed, assigning for error chiefly the refusal of the court to enter judgment of nonsuit.
1Opinion of the CourtHoke, J.
There was evidence on the part of plaintiff tending to show that, on 19 August, 1913, plaintiff, with assistants, was engaged as em ployee of defendant in unloading some bar iron from a car at Spencer, N. 0., and placing same in a rack constructed for tbe purpose, the rack containing eight bins, one above the other, and the topmost being ten feet above the ground; that plaintiff’s part of the work was to shove the bars of iron into the bins as the same were handed to him by the other hands, and, in putting the iron into the upper bins, the seventh or eighth, he had-to stand on a scaffold or…
2Cases cited10 opinions
- Cotton v. North Carolina R. R. Co.Supreme Court of North Carolina · 1908
- Mercer v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
- Simpson v. Southern Railway Co.Supreme Court of North Carolina · 1910
- Mincey v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1913
- Barkley v. South Atlantic Waste Co.Supreme Court of North Carolina · 1908
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3Cited by5 opinions
- Scroggie v. Scarborough, State TreasurerSupreme Court of South Carolina · 1931
- Fowler Ex Rel. Fowler v. Carolina Cross Arm & Conduit Co.Supreme Court of North Carolina · 1926
- Yarborough v. F. C. Geer Co.Supreme Court of North Carolina · 1916
- Hickman v. O. M. Rutledge & Co.Supreme Court of North Carolina · 1917
- Bunn v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1915