Blackburn v. Cherokee Lumber Co.
Supreme Court of North Carolina
Appeal front O. II. Allen, J., at August Term, 1909, of SAMPSON. The following issues were submitted to the jury: 1. Was plaintiff’s intestate injured by the negligence of the defendant, as alleged? Answer: Yes. 2. If so, was the plaintiff’s intestate guilty of contributory negligence, as alleged? Answer: No. 3. What damage, if any, is plaintiff entitled to recover? Answer: $725. The evidence tended to show, and was accepted by the jury as sufficient to prove, that ■…
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Appeal front O. II. Allen, J., at August Term, 1909, of SAMPSON. The following issues were submitted to the jury: 1. Was plaintiff’s intestate injured by the negligence of the defendant, as alleged? Answer: Yes. 2. If so, was the plaintiff’s intestate guilty of contributory negligence, as alleged? Answer: No. 3. What damage, if any, is plaintiff entitled to recover? Answer: $725. The evidence tended to show, and was accepted by the jury as sufficient to prove, that ■ defendant company was operating a well-constructed railroad from its mill to a station named Garland on the Atlantic Coast Line…
1Opinion of the CourtManning, J.
The exceptions taken by defendant and assigned as errors can be arranged and considered in three groups, to wit: 1. That the defendant was under the duty to furnish and equip its cars with automatic couplers, and its failure to do so was negligence. 2. That intestate was guilty of contributory negligence in voluntarily taking a position of peril, and in failing to use the larger of the two pins in coupling the car to the engine. 3. That having voluntarily undertaken to perform a service not within the scope of his employment, the relation of master and servant was temporarily suspended, and…
2Cases cited13 opinions
- Sawyer v. Roanoke Railroad & Lumber Co.Supreme Court of North Carolina · 1907
- Barry v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Coley v. North Carolina RailroadSupreme Court of North Carolina · 1901
- Hemphill v. . Lumber Co.Supreme Court of North Carolina · 1906
- Phillips v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1885
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3Cited by3 opinions
- Twiddy v. Dare Lumber Co.Supreme Court of North Carolina · 1911
- Roberson v. Greenleaf Johnson Lumber Co.Supreme Court of North Carolina · 1910
- Parris v. Tennessee Power Co.Tennessee Supreme Court · 1916