Steeley v. Dare Lumber Co.
Supreme Court of North Carolina
Appeal by defendant from Brag aw, J., at November Term, 1913, of PasquotaNK. This action was brought to recover damages for injuries alleged to have been sustained by the plaintiff and caused by negligence of defendant. Plaintiff was employed in operating a machine for making shingles.
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Appeal by defendant from Brag aw, J., at November Term, 1913, of PasquotaNK. This action was brought to recover damages for injuries alleged to have been sustained by the plaintiff and caused by negligence of defendant. Plaintiff was employed in operating a machine for making shingles. It was made up of a bench or frame, about waist high, upon which was set horizontally upon a plane a saw about 3 feet in diameter, and it was provided with a carriage upon which the blocks were fed to the revolving saw. There was a lever and a clutch to start and stop the machine. Plaintiff testified: “I was…
1Opinion
There was a motion in this case for a new trial, based upon (35) the ground of newly discovered evidence. This kind of motion is not debatable before us. It is submitted without argument. We have examined the affidavits filed in support of it, and find that the new evidence is largely cumulative, nor are we satisfied that the defendant exercised due diligence to secure it at the proper time. It has not, therefore, brought its application within the well settled rules governing such cases. Johnson v. R. R., 163 N.C. 431, at p. 453 and cases cited therein. We cannot find in the affidavits…
2Cases cited15 opinions
- Johnson v. . R. R.Supreme Court of North Carolina · 1913
- Deligny v. Tate Furniture Co.Supreme Court of North Carolina · 1915
- Gadsden v. George H. Crafts & Co.Supreme Court of North Carolina · 1918
- Lynch v. Carolina Veneer Co.Supreme Court of North Carolina · 1915
- Alexander v. Richmond Cedar WorksSupreme Court of North Carolina · 1919
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