Legal Opinion

Buchanan v. Cranberry Furnace Co.

Supreme Court of North Carolina

Decided December 10, 1919PublishedCited by 7 opinions

Civil actioN, tried before Long, J., and a jury, at July Term, 1919, of AVERT. Plaintiff alleged tbat be was employed by defendant as a “mucker” in its mine, and was seriously injured by tbe falling of a rock in tbe mine, wbicb struck bis muck, or dump car, near wbicb be was standing, while engaged in bis work, and upset tbe same, lifting it on one of its ends, and tbat tbe car tben fell on bim and broke bis leg. Plaintiff and Ed.

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Civil actioN, tried before Long, J., and a jury, at July Term, 1919, of AVERT. Plaintiff alleged tbat be was employed by defendant as a “mucker” in its mine, and was seriously injured by tbe falling of a rock in tbe mine, wbicb struck bis muck, or dump car, near wbicb be was standing, while engaged in bis work, and upset tbe same, lifting it on one of its ends, and tbat tbe car tben fell on bim and broke bis leg. Plaintiff and Ed. Hughes were working in tbe mine together as muck-ers. They bad taken in a car tbe morning tbat plaintiff was injured, loaded, and it was rolled out of tbe mine by…

1Opinion of the Court

'WalKER, J.,

after stating the facts as above: It is apparent, from the argument of this case, that the real question is as to the precise duty which the defendant owed to the plaintiff, with respect to the safety of ■defendant while at his work, and the duty owing by the defendant to himself. It is contended by the defendant’s counsel that the master is not required to furnish a safe place for his servant to perform his work, iand this is true, in the sense that he does not insure the safety of his .servant. The true measure of the master’s duty and obligation to his servant has been…

2Cases cited28 opinions

  1. Hough v. Railway Co.Supreme Court of the United States · 1880
  2. Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
  3. Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
  4. Washington & Georgetown Railroad v. McDadeSupreme Court of the United States · 1890
  5. Gardner v. Michigan Central RailroadSupreme Court of the United States · 1893

23 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Cook v. Camp Manufacturing Co.Supreme Court of North Carolina · 1921
  2. Pennington v. Town of TarboroSupreme Court of North Carolina · 1922
  3. Cook v. . Mfg. Co.Supreme Court of North Carolina · 1921
  4. Christopher v. . Mining Co.Supreme Court of North Carolina · 1929
  5. Christopher v. North Carolina Talc & Mining Co.Supreme Court of North Carolina · 1929

2 more not listed; retrieve them via the Exa API.

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