Winborne v. Interstate Cooperage Co.
Supreme Court of North Carolina
ActioN tried before Devin, J., and a jury, at April Term, 1919, of Beaufort. The action is to recover damages for physical injury, caused by alleged negligence of defendant in not supplying plaintiff, an employee, with sufficient and proper tools with which to do his work.
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ActioN tried before Devin, J., and a jury, at April Term, 1919, of Beaufort. The action is to recover damages for physical injury, caused by alleged negligence of defendant in not supplying plaintiff, an employee, with sufficient and proper tools with which to do his work. On denial of liability and plea of contributory negligence, there was verdict for plaintiff and assessing damages at $550. Judgment on the verdict for plaintiff and defendant appealed, assigning for error, chiefly, the refusal of the 'motion for nonsuit.
1Opinion of the CourtLIoke, J.
There were facts in evidence tending to show that in August, 1917, plaintiff, employed by defendant for the purpose, was engaged in taking down some cars, situate on a logging road a few miles out from Belhaven, N. C.; that they were old cars, and it being desirable to save as much of the iron as possible in shape for further'use, it was not infrequently required to cut the iron bolts from.the rods used in bracing the woodwork of the cars and serving to hold the frames together; that plaintiff, a carpenter of skill and experience, 63 or 64 years of age, having the ordinary tools for his work,…
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- Cotton v. North Carolina R. R. Co.Supreme Court of North Carolina · 1908
- Mincey v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1913
- Reid v. Hans Rees' Sons Co.Supreme Court of North Carolina · 1911
- Rogerson v. . HontzSupreme Court of North Carolina · 1917
- Dunn v. . R. R.Supreme Court of North Carolina · 1909
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