Legal Opinion

Leathers v. Blackwell Durham Tobacco Co.

Supreme Court of North Carolina

Decided April 16, 1907PublishedCited by 66 opinions

Civil actiost, tried before Moore, and a jury, at October Term, 1906, of tbe Superior Court of Dukham County. Tbis action is prosecuted by plaintiff, appearing by bis next friend, for tbe purpose of recovering damages for injuries sustained while in tbe employment of defendant.

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Civil actiost, tried before Moore, and a jury, at October Term, 1906, of tbe Superior Court of Dukham County. Tbis action is prosecuted by plaintiff, appearing by bis next friend, for tbe purpose of recovering damages for injuries sustained while in tbe employment of defendant. In bis complaint be alleges: 1. That tbe Blackwell Durham Tobacco Company is a corporation duly organized under tbe laws of New Jersey, but having an office and its factory in the city of Durham. 2. That tbe plaintiff is a minor, now about the age of fourteen years. 3. That sometime in the year 1905 plaintiff went to…

1Opinion of the Court

Connor, J.,

after stating the’case: Tbe defendant’s exceptions, numbered two to seven, inclusive, are directed to tbe admission of evidence tending to show that boys, other than and near the age of tbe plaintiff, were injured while work ing at the same machines, it appearing that there were quite a number of exactly the same construction operated in the same room. The purpose of this evidence was not to show any defect in the machine. The basis of plaintiff’s action is that, being a child under twelve years of age, the defendant put him to work at a machine the operation of which was…

2Cases cited16 opinions

  1. Western & Atlantic Railroad v. YoungSupreme Court of Georgia · 1888
  2. Marino v. . LehmaierNew York Court of Appeals · 1903
  3. American Car & Foundry Co. v. ArmentrautIllinois Supreme Court · 1905
  4. Terre Haute & Indianapolis Railroad v. VoelkerIllinois Supreme Court · 1889
  5. Edwards v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1901

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3Cited by66 opinions

  1. Berdos v. Tremont & Suffolk MillsMassachusetts Supreme Judicial Court · 1911
  2. Aldridge Ex Rel. Aldridge v. HastySupreme Court of North Carolina · 1954
  3. Lutz Industries, Inc. v. Dixie Home StoresSupreme Court of North Carolina · 1955
  4. Jackson v. Chicago, Milwaukee, St. Paul & Pacific RailroadSupreme Court of Iowa · 1947
  5. Platt v. Southern Photo Material Co.Court of Appeals of Georgia · 1908

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