Midgette v. Branning Manufacturing Co.
Supreme Court of North Carolina
ActioN tried before Ward, J., and a jury, at Inly (Special') Term, 1908, of TtkRell. Tbe plaintiff, administrator, alleges tbat plaintiff’s intestate, Leary, as be is informed and believes, was employed and working in tbe mill of tbe defendant company, under its direction, as .assistant engineer, on and before 18 December, 1900; tbat on 18 December, 1900,' tbe said W. S. Leary was killed in tbe mill of tbe defendant company by reason of tbe negligence of said company, in…
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ActioN tried before Ward, J., and a jury, at Inly (Special') Term, 1908, of TtkRell. Tbe plaintiff, administrator, alleges tbat plaintiff’s intestate, Leary, as be is informed and believes, was employed and working in tbe mill of tbe defendant company, under its direction, as .assistant engineer, on and before 18 December, 1900; tbat on 18 December, 1900,' tbe said W. S. Leary was killed in tbe mill of tbe defendant company by reason of tbe negligence of said company, in tbat its machinery and belts were not safe and were in a rotten and insecure condition, and unfit for tbe' operation of tbe…
1Opinion of the Court
Connor, J.,
after stating the case: No issue being tendered in regard to the alleged assumption of risk by plaintiff’s intestate, that defense is eliminated from the cáse. We presume that the learned counsel treated that phase of the case as involved in the issue directed to the alleged contributory negligence of plaintiff’s intestate. We have set out the testimony at some length, because the requests for special instructions and the exceptions to the instructions given present every possible question which could arise upon the record. We will first dispose of the exceptions to his Honor’s…
2Cases cited10 opinions
- Hexamer v. . WebbNew York Court of Appeals · 1886
- Waters v. Pioneer Fuel Co.Supreme Court of Minnesota · 1893
- Davis v. Summerfield.Supreme Court of North Carolina · 1903
- Young v. Fosburg Lumber Co.Supreme Court of North Carolina · 1908
- Corbin v. American MillsSupreme Court of Connecticut · 1858
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- Harvell v. Weldon Lumber Co.Supreme Court of North Carolina · 1911
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