Chandler v. . Mills
Supreme Court of North Carolina
Oivtt, ACTION tried before StarbucJi, J., and a jury, in the county count and by Long, J., on appeal, in the Superior Court at September Term, 1916, of Foesyth. The plaintiff sued for the recovery of damages on account of personal injuries received by him while assisting one James Hunter in lifting the heavy lid of a dye-machine, under orders from the superintendent of the defendant’s mill, he being, at the time, in the employ of defendant.
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Oivtt, ACTION tried before StarbucJi, J., and a jury, in the county count and by Long, J., on appeal, in the Superior Court at September Term, 1916, of Foesyth. The plaintiff sued for the recovery of damages on account of personal injuries received by him while assisting one James Hunter in lifting the heavy lid of a dye-machine, under orders from the superintendent of the defendant’s mill, he being, at the time, in the employ of defendant. This was not his regular duty, as he was assigned, to- work, as fireman, at the engine. He alleged that his injuries were caused by two distinct acts of…
1Opinion of the Court
Walker, J.,
after stating case: We need not inquire into the correctness of the ruling as to the effect of any negligence of J ames Hunter, as we are of the opinion that the nonsuit and appeal were prematurely taken. The law with respect to this matter has been thoroughly well settled by this Court. Before a plaintiff can resort to a nonsuit, and have any proposed ruling of the trial court reviewed here by appeal, the intimation of opinion by the judge must be of such a nature as to defeat a recovery. If there is any ground left upon which the plaintiff may succeed before the jury, after the…
2Cases cited8 opinions
- Mobley v. . WattsSupreme Court of North Carolina · 1887
- State Ex Rel. Crawley v. WoodfinSupreme Court of North Carolina · 1878
- Hayes v. RailroadSupreme Court of North Carolina · 1905
- Merrick v. Bedford.Supreme Court of North Carolina · 1906
- Hickory v. RailroadSupreme Court of North Carolina · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Nowell v. BasnightSupreme Court of North Carolina · 1923
- Nowell v. . BasnightSupreme Court of North Carolina · 1923
- Chambers v. . R. R.Supreme Court of North Carolina · 1916
- Rochlin v. P. S. West Construction Co.Supreme Court of North Carolina · 1951
- Headman v. Board of CommissionersSupreme Court of North Carolina · 1919
3 more not listed; retrieve them via the Exa API.