Hopper v. S. S. Ordway & Sons
Supreme Court of North Carolina
Appeal from W. J. Adams, J., at June Term, 1911, of ROCKINGHAM. This is an action to recover damages for tbe death of tbe plaintiff’s intestate, caused, as tbe plaintiff alleges, by tbe negligence of tbe defendants. Tbe plaintiff was aiding in building tbe foundation of tbe mill of tbe defendant Avalon Mills at tbe time of bis injury, and there is ample evidence of negligence.
Read the full summary
Appeal from W. J. Adams, J., at June Term, 1911, of ROCKINGHAM. This is an action to recover damages for tbe death of tbe plaintiff’s intestate, caused, as tbe plaintiff alleges, by tbe negligence of tbe defendants. Tbe plaintiff was aiding in building tbe foundation of tbe mill of tbe defendant Avalon Mills at tbe time of bis injury, and there is ample evidence of negligence. Tbe defendant Avalon Mills denies negligence, and alleges that tbe work was being done by tbe defendants Ordway & Sons, as independent contractors, and tbe defendant’s counsel say that the only question presented by tbe…
1Opinion of the Court
AlleN, J.,
after stating the case: The case of Denny v. Burlington, 155 N. C., 33, is decisive of this controversy, and upion that authority, in the absence of other evidence, his Honor might have held as matter of law, upon the papers in evidence, that the relation of independent contractor was established.
In the Denny case the city of Burlington entered into a con tract for tbe construction of a system for water and sewerage, in which the details as to material, the work to be performed, and the time of performance were set out with particularity, and it was also provided that the materials…
2Cases cited1 opinion
- Denny v. City of BurlingtonSupreme Court of North Carolina · 1911
3Cited by14 opinions
- Hayes v. . Elon CollegeSupreme Court of North Carolina · 1944
- Hayes v. Board of Trustees of Elon CollegeSupreme Court of North Carolina · 1944
- Moore & Chicago Mill & Lumber Co. v. PhillipsSupreme Court of Arkansas · 1938
- Greer v. . Construction Co.Supreme Court of North Carolina · 1925
- Cole v. City of DurhamSupreme Court of North Carolina · 1918
9 more not listed; retrieve them via the Exa API.