Patterson v. Nichols
Supreme Court of North Carolina
Appeal from Lane, J., at September Term, 1911, of BitN-COMBE. Tbis is an. action to recover damages for personal injury. On 6 March, 1909, the plaintiff, who had been employed in the washroom of the defendant’s laundry for four years, was engaged by the defendant as repair man, repairing defendant’s machinery. He had been at this work about two weeks, when he was directed to extend a shaft so that another machine might be put in.
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Appeal from Lane, J., at September Term, 1911, of BitN-COMBE. Tbis is an. action to recover damages for personal injury. On 6 March, 1909, the plaintiff, who had been employed in the washroom of the defendant’s laundry for four years, was engaged by the defendant as repair man, repairing defendant’s machinery. He had been at this work about two weeks, when he was directed to extend a shaft so that another machine might be put in. In order to extend the shaft, it was necessary for ■the plaintiff to stop that part of the machinery, and that was done by throwing off the belt which connected it…
1Opinion of the CourtAllen, J.
The motion for judgment of nonsuit was properly overruled.
There was evidence for the consideration of the jury that the place where the plaintiff was required to perform his duty was not, under all the circumstances, reasonably safe, and that this was the cause of the plaintiff’s injury, and if so, there was evidence of negligence.
The absence of a shifter, the presence of a projecting setscrew, the fact that a ladder had to be used, that the ladder had to be set against the wall, that the plaintiff had to go up the *413ladder in a space of 2 feet between the shaft and the wall, with his back to…
2Cases cited6 opinions
- Marks v. Cotton Mills.Supreme Court of North Carolina · 1904
- Wallace v. Western N. C. RailroadSupreme Court of North Carolina · 1889
- Witsell v. . R. R.Supreme Court of North Carolina · 1897
- Burton v. Rosemary Mfg. Co.Supreme Court of North Carolina · 1903
- West v. Brevard Tanning Co.Supreme Court of North Carolina · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Chaffin v. BrameSupreme Court of North Carolina · 1951
- Ainsley v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1914
- Holt v. Oval Oak Manufacturing Co.Supreme Court of North Carolina · 1919
- State v. . IsleySupreme Court of North Carolina · 1942
- Ammons v. Wysong & Miles Manufacturing Co.Supreme Court of North Carolina · 1914
3 more not listed; retrieve them via the Exa API.