Tatham v. Andrews Manufacturing Co.
Supreme Court of North Carolina
Civil ACTION, tried before Bryson, J., and a jury, at April Term, 1920, of Cherokee. The action is to recover damages for the alleged wrongful killing of the intestate, an employee of the manufacturing company and by the concurring negligence of the two defendants, the manufacturing company and the railroad company, while he was engaged as such employee of the manufacturing company on their yards at Andrews, N. C.. in August, 1917. On issues submitted there was a verdict for…
Read the full summary
Civil ACTION, tried before Bryson, J., and a jury, at April Term, 1920, of Cherokee. The action is to recover damages for the alleged wrongful killing of the intestate, an employee of the manufacturing company and by the concurring negligence of the two defendants, the manufacturing company and the railroad company, while he was engaged as such employee of the manufacturing company on their yards at Andrews, N. C.. in August, 1917. On issues submitted there was a verdict for plaintiff against both the defendants assessing the damages. Judgment on the verdict, and defendants excepted and…
1Opinion of the CourtHoke, J.
Considering only the testimony that makes in favor of plaintiff’s claim, the accepted position on a motion to nonsuit, there are facts in evidence tending to sbow tbat on or about 15 August, 1917, plaintiff’s intestate, as an employee of the manufacturing company, with others, was engaged in pinching a car loaded with lumber along the railr.oad track in the yards of the manufacturing company with a view of setting the car past a stack of lumber which was piled or packed so near the track that it touched on the loaded car, and making it likely that if this latter was pulled past by the engine…
2Cases cited10 opinions
- Ridge v. Norfolk Southern RailroadSupreme Court of North Carolina · 1914
- State v. Barrett.Supreme Court of North Carolina · 1905
- Davis v. Keen.Supreme Court of North Carolina · 1906
- Thompson v. Standard Oil Co.Supreme Court of North Carolina · 1919
- State v. . SheltonSupreme Court of North Carolina · 1855
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. . BealSupreme Court of North Carolina · 1930
- State v. BealSupreme Court of North Carolina · 1930
- Williams v. Randolph & Cumberland Railway Co.Supreme Court of North Carolina · 1921
- Dellinger v. . Building Co.Supreme Court of North Carolina · 1924
- Dellinger v. Elliott Building Co.Supreme Court of North Carolina · 1924
4 more not listed; retrieve them via the Exa API.