Legal Opinion

Ward v. Odell Manufacturing Co.

Supreme Court of North Carolina

Decided November 22, 1898PublishedCited by 23 opinions

Civil action- for damages for alleged negligence tried before StarbucJc, J., and a jury, at February Term, 1897, of Iredell Superior Court. The plaintiff was a boy eleven years of age who was employed about the factory as a quill carrier, which required his moving about over the room, and while thus employed he was- seriously injured by a piece of iron wire flying from the work bench where wires were being cut by another employee.

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Civil action- for damages for alleged negligence tried before StarbucJc, J., and a jury, at February Term, 1897, of Iredell Superior Court. The plaintiff was a boy eleven years of age who was employed about the factory as a quill carrier, which required his moving about over the room, and while thus employed he was- seriously injured by a piece of iron wire flying from the work bench where wires were being cut by another employee. The wires were cut both with a cold chisel and with nippers — there was evidence tending to show that it was dangerous to use either— and there was evidence tending…

1Opinion of the Court

Montgomery, J :

This action was brought by an infant of eleven years, through his next friend, to recover damages of the defendant for a personal injury alleged to have been suffered by the plaintiff through the negligent keeping and use of a work-bench and tools, by the defendant, in the manufactory where the plaintiff was employed.

In the building of the defendant company in which was manufactured its goods, there was at the time of the alleged injury of the plaintiff, a very large room divided into two well defined sections, but by an imaginary line, each section being under the control of a…

2Cases cited2 opinions

  1. Tillett v. Norfolk & Western R. R.Supreme Court of North Carolina · 1896
  2. Hudson v. Charleston, Cincinnati & Chicago RailroadSupreme Court of North Carolina · 1889

3Cited by23 opinions

  1. Christman v. . HilliardSupreme Court of North Carolina · 1914
  2. Shell v. . RosemanSupreme Court of North Carolina · 1911
  3. Avery v. West Lumber Co.Supreme Court of North Carolina · 1908
  4. Smith v. Safety Coach Line, Inc.Supreme Court of North Carolina · 1926
  5. In Re Will of FullerSupreme Court of North Carolina · 1925

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