Howard v. J. H. Harris Plumbing Co.
Supreme Court of North Carolina
Appeal from Ferguson, J., at May Term, 1910, of Beaufobt. Civil action for damages. These issues were submitted: 1. Was the plaintiff injured hy the negligence of the defendant, as alleged? Answer: Yes. 2. Did plaintiff, by her own negligence and acts, contribute to her injury? Answer: No. 3. Did the release of plaintiff for a valuable consideration to E. W. Ayers from liability also relieve the defendant from liability? Answer: No. 4. What damage, if any, is the plaintiff…
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Appeal from Ferguson, J., at May Term, 1910, of Beaufobt. Civil action for damages. These issues were submitted: 1. Was the plaintiff injured hy the negligence of the defendant, as alleged? Answer: Yes. 2. Did plaintiff, by her own negligence and acts, contribute to her injury? Answer: No. 3. Did the release of plaintiff for a valuable consideration to E. W. Ayers from liability also relieve the defendant from liability? Answer: No. 4. What damage, if any, is the plaintiff entitled to recover? Answer: $750. From the judgment rendered, the defendant appealed.
1Opinion of the CourtBbowN, J.
Although there are twenty assignments of error, the merits of this appeal can be passed on in considering the motion to nonsuit. ,
It is admitted that E. W. Ayers is the owner and proprietor of a large store in Washington, North Carolina, in which he conducts a mercantile business, and that plaintiff was his employee in .the millinery department. Ayers employed defendant to send a workman to his store for the purpose of descending into the cellar and putting in a water pipe. The only entrance to the cellar, which was dark, was a trap-door in the floor of the store, over which a movable counter…
2Cases cited4 opinions
- Tanner v. Lumber Co.Supreme Court of North Carolina · 1906
- Brown v. Town of LouisburgSupreme Court of North Carolina · 1900
- Dillon v. City of RaleighSupreme Court of North Carolina · 1899
- Burns v. Womble.Supreme Court of North Carolina · 1902
3Cited by15 opinions
- Scott v. . BryanSupreme Court of North Carolina · 1936
- Simpson v. PlylerSupreme Court of North Carolina · 1963
- McNair Ex Rel. McNair v. GoodwinSupreme Court of North Carolina · 1964
- Gadsden v. George H. Crafts & Co.Supreme Court of North Carolina · 1918
- Stires v. SherwoodOregon Supreme Court · 1915
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