Beal v. Champion Fiber Co.
Supreme Court of North Carolina
Appeal from Gouncill, J., at September Term, 1910, of BuNCOMBE. The evidence tended to sbow that 25 February, 1907, plaintiff, an employee, was engaged with others in putting up a lot of buildings for defendant company at Canton, N. O., tlie particular building in question being the third floor and roof of the “Extract Building,” and while so engaged he received serious injuries by reason of the negligent orders given by one Sam Clayton, a foreman who had immediate charge of…
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Appeal from Gouncill, J., at September Term, 1910, of BuNCOMBE. The evidence tended to sbow that 25 February, 1907, plaintiff, an employee, was engaged with others in putting up a lot of buildings for defendant company at Canton, N. O., tlie particular building in question being the third floor and roof of the “Extract Building,” and while so engaged he received serious injuries by reason of the negligent orders given by one Sam Clayton, a foreman who had immediate charge of this particular work they were doing at the time. On the trial the jury rendered the following verdict: 1. Was the…
1Opinion of the CourtHoke, J.
Tbe validity of this trial and judgment is challenged by defendant chiefly on three grounds: (1) That Sam Clayton, whose negligent order is said to have caused tbe injury, was an employee of one Frank Gilreath, an independent contractor, and for that reason no responsibility for Clayton’s acts were properly imputable to defendant. (2) For that said Sam Clayton was in no sense a vice principal of defendant company, but only an ordinary boss of a gang of bands, constituting him a fellow-servant of plaintiff. (3) That on tbe facts in evidence there was no negligence shown, either on the part of…
2Cases cited15 opinions
- Powell v. Construction Co.Tennessee Supreme Court · 1890
- Drum v. MillerSupreme Court of North Carolina · 1904
- Mason v. Richmond & Danville RailroadSupreme Court of North Carolina · 1892
- Davis v. Summerfield.Supreme Court of North Carolina · 1903
- Young v. Fosburg Lumber Co.Supreme Court of North Carolina · 1908
10 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Hayes v. . Elon CollegeSupreme Court of North Carolina · 1944
- Hayes v. Board of Trustees of Elon CollegeSupreme Court of North Carolina · 1944
- Denny v. City of BurlingtonSupreme Court of North Carolina · 1911
- Scott v. Waccamaw Lumber Co.Supreme Court of North Carolina · 1950
- Harmon v. Ferguson Contracting Co.Supreme Court of North Carolina · 1912
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