Mace v. Carolina Mineral Co.
Supreme Court of North Carolina
Appeal by plaintiff from Long, at November Term, 1914, of Mitchell. Action to recover damages for tbe alleged negligent billing of plaintiff’s intestate, Charles Buebanan. He was employed as foreman in defendant’s feldspar and mica mine, and was billed by tbe falling of a bank of overbanging dirt and rocb in tbe mine, wbicb defendant avers was caused by bis own negligent act, and not by its fault at all.
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Appeal by plaintiff from Long, at November Term, 1914, of Mitchell. Action to recover damages for tbe alleged negligent billing of plaintiff’s intestate, Charles Buebanan. He was employed as foreman in defendant’s feldspar and mica mine, and was billed by tbe falling of a bank of overbanging dirt and rocb in tbe mine, wbicb defendant avers was caused by bis own negligent act, and not by its fault at all. Tbe following testimony of plaintiff’s witness, Coleman Pitman, wbo worked witb deceased in tbe mine, will sufficiently explain tbe character of tbe evidence in tbe ease: “I was there when…
1Opinion of the Court
WaleeR, J.,
after stating tbe case: It appears in this case tbat tbe intestate of plaintiff bad been employed to work as foreman in tbe defendant’s service, and as overseer of tbe work performed by others placed under bis authority. He was an experienced miner, having been engaged in tbe business of mining for many years. Because of bis expertness thus acquired, tbe defendant was induced to take him into its service. Tbe work be was to do on tbe day of the- accident was left, in respect to tbe method and manner of doing it, to.bis own judgment, and be was perfectly free to exercise bis own…
2Cases cited20 opinions
- Railroad Co. v. JonesSupreme Court of the United States · 1877
- Armour v. HahnSupreme Court of the United States · 1884
- Hicks v. . Manufacturing Co.Supreme Court of North Carolina · 1905
- Beesley v. F. W. Wheeler & Co.Michigan Supreme Court · 1894
- Fraser v. Red River Lumber Co.Supreme Court of Minnesota · 1891
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- State v. . GreenSupreme Court of North Carolina · 1909
- Clements v. Elizabeth City Light & Power Co.Supreme Court of North Carolina · 1919
- Watkins v. Continental Can Co.District Court, M.D. North Carolina · 1963
- Neville v. . BonsalSupreme Court of North Carolina · 1914