Snipes v. Camp Manufacturing Co.
Supreme Court of North Carolina
Appeal from Guión, J., June Term, 1909, of Halifax. Tbe evidence tended to sbow that defendant was a manufacturing company, operating a logging road under a charter, etc., and tbat on 21 June, 1907, plaintiff, employed as fireman on defendant’s engine, was run over by said engine and seriously injured; tbat at tbe time of tbe occurrence tbe engine in question bad stopped at a trestle wbicb was being repaired, and tbe engineer and plaintiff, and others of tbe crew, went…
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Appeal from Guión, J., June Term, 1909, of Halifax. Tbe evidence tended to sbow that defendant was a manufacturing company, operating a logging road under a charter, etc., and tbat on 21 June, 1907, plaintiff, employed as fireman on defendant’s engine, was run over by said engine and seriously injured; tbat at tbe time of tbe occurrence tbe engine in question bad stopped at a trestle wbicb was being repaired, and tbe engineer and plaintiff, and others of tbe crew, went forward fifteen or twenty feet on tbe trestle to observe tbe work and note its progress; plaintiff sat down on a cross-tie,…
1Opinion of the Court
Hoke, J.,
after stating the case: The Court is of opinion that on the facts and circumstances as now presented there was a duty imposed upon the defendant’s engineer to give a signal, or some adequate warning, before starting the engine; and that on the ordinary issues in actions of this character, and under various decisions of this Court applicable to the case, if these *45facts and circumstances are accepted by tbe jury, the verdict as to defendant’s negligence should be resolved against the company. Farris’ case, 151 N. C., 483; Ray’s case, 141 N. C., 84; Smith’s case, 132 N. C., 819,…
2Cases cited14 opinions
- Ramsbottom v. RailroadSupreme Court of North Carolina · 1905
- Bullock v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Clark v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1891
- Sawyer v. Roanoke Railroad & Lumber Co.Supreme Court of North Carolina · 1907
- Hemphill v. . Lumber Co.Supreme Court of North Carolina · 1906
9 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Ramsbottom v. . RailroadSupreme Court of North Carolina · 1905
- Pickett v. . R. R.Supreme Court of North Carolina · 1895
- Deans v. . R. R.Supreme Court of North Carolina · 1890
- Garland v. Boston & Maine RailroadSupreme Court of New Hampshire · 1913
- McManus v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1917
20 more not listed; retrieve them via the Exa API.