Howell v. Southern Railway Co.
Supreme Court of North Carolina
Appeal from 0. II. Allen, J., at tbe May Term, 1910, of JOHNSTON. Civil action to recover damages for alleged negligence. Tbe defendant in apt time made motion to nonsuit, wbicb was overruled. Defendant excepted and appealed. There was a verdict and judgment for plaintiff, and defendant appealed.
1Opinion of the Court
Per Ctfeiam.
Tbe evidence, taken in its most favorable view for tbe plaintiff, tends to prove tbat plaintiff and three other employees of defendant, Worley, Eaucett and Stevens, were sent by tbe section foreman after a guard rail. No tools were given or requested and there is no evidence tbat such tools are in general use. Plaintiff states tbat tbe usual method of carrying rails is with tbe bands.
On way back with tbe rail Eaucett and Stevens carried one end, Worley and plaintiff tbe other end. Tbe end carried by Eaucett and Stevens was dropped and tbat j'erked tbe other end and it fell on…
2Cases cited1 opinion
- Brookshire v. Asheville Electric Co.Supreme Court of North Carolina · 1910
3Cited by1 opinion
- Owenby v. . Power Co.Supreme Court of North Carolina · 1927