Walker v. Cannon Manufacturing Co.
Supreme Court of North Carolina
Appeal from Lyon, J., at April Special Term, 1911, of EowaN. Tbe action is brought to recover damages for tbe death of Odell Walker, alleged to have been caused by the negligence of the defendant.
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Appeal from Lyon, J., at April Special Term, 1911, of EowaN. Tbe action is brought to recover damages for tbe death of Odell Walker, alleged to have been caused by the negligence of the defendant. These issues were submitted: 1. Was the death of plaintiff’s intestate caused by the negligence of the defendant, as alleged in the complaint ? Answer: Yes. 2. Did plaintiff’s intestate contribute to his own injury and death by his own. negligence, as alleged in the answer? Answer: No. 3. Did plaintiff’s intestate voluntarily assume the risks and dangers incident to and attendant upon the operation…
1Opinion of the CourtBeowN, J.
There are a very large number of exceptions in the record that are made the basis of twenty-five assignments of error. It is impossible to discuss these assignments seriatim without going over much ground that has heretofore been covered by adjudications of this Court as well as unduly lengthening this opinion. Sixteen assignments of error relate to the admission of evidence. Upon a careful examination of them we find no substantial error, at least nothing that would justify us in granting a new trial.
The principal contention of the learned counsel for the defendant is based upon his llth and…
2Cases cited7 opinions
- Hicks v. . Manufacturing Co.Supreme Court of North Carolina · 1905
- Avery v. West Lumber Co.Supreme Court of North Carolina · 1908
- Shaw v. Highland Park Manufacturing Co.Supreme Court of North Carolina · 1907
- Horne v. . Power Co.Supreme Court of North Carolina · 1906
- Fearington v. . Tobacco Co.Supreme Court of North Carolina · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Deligny v. Tate Furniture Co.Supreme Court of North Carolina · 1915
- Young v. Champion Fiber Co.Supreme Court of North Carolina · 1912