Legal Opinion

Ellington v. . Ricks

Supreme Court of North Carolina

Decided March 24, 1920PublishedCited by 13 opinions

Appeal by defendant from Guión> Jat tbe October Term, 1919, of Wake. This is an action to recover damages for personal injury inflicted while tbe plaintiff was engaged in tbe installation of an acetylene gas generator on tbe premises of tbe defendant. Tbe defendant lived about five miles from Rocky Mount in Nasb Oounty. He bad in use an acetylene gas generator, wbicb furnished light for bis home.

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Appeal by defendant from Guión> Jat tbe October Term, 1919, of Wake. This is an action to recover damages for personal injury inflicted while tbe plaintiff was engaged in tbe installation of an acetylene gas generator on tbe premises of tbe defendant. Tbe defendant lived about five miles from Rocky Mount in Nasb Oounty. He bad in use an acetylene gas generator, wbicb furnished light for bis home. It bad been used about thirteen years and was located in a small brick bouse about 25 feet from tbe residence; tbe brick bouse was not used for any other purpose; it bad one door but' no windows; tbe…

1Per curiam

There are several exceptions in the record, but all of them are covered by the exception to the refusal to nonsuit, and on this it is conceded, and properly so, that the plaintiff was an invitee on the premises of the defendant, and as such entitled to hold the defendant to the duty of keeping the premises covered by the invitation in a reasonably safe condition in order that he might not be subjected to injury.

It is also not contended by the defendant that there is no evidencé that the part of the premises, where the plaintiff was when he was injured, was unsafe, but the position insisted…

2Cases cited3 opinions

  1. Glaser v. RothschildSupreme Court of Missouri · 1909
  2. Monroe v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1909
  3. Charron v. Northwestern Fuel Co.Wisconsin Supreme Court · 1912

3Cited by13 opinions

  1. Diamond v. McDonald Service StoresSupreme Court of North Carolina · 1937
  2. Hood v. Queen City Coach CompanySupreme Court of North Carolina · 1959
  3. Philibert v. Benjamin Ansehl Co.Supreme Court of Missouri · 1938
  4. Leavister v. Jesse French & Son Piano Co.Supreme Court of North Carolina · 1923
  5. Clark v. Cleveland Drug Co.Supreme Court of North Carolina · 1933

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