McAtee v. Branning Manufacturing Co.
Supreme Court of North Carolina
Appeal by defendant from Ferguson, J., at April Term, 1914, of TYRRELL. This action, was brought to recover damages for an injury to plaintiff’s arm, requiring its amputation, which he alleges was caused by defendant’s negligence. Plaintiff was employed -by defendant, in its mill, to oil engines and machinery and to assist in keeping the machinery belts and belting, and other things connected therewith, in proper order.
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Appeal by defendant from Ferguson, J., at April Term, 1914, of TYRRELL. This action, was brought to recover damages for an injury to plaintiff’s arm, requiring its amputation, which he alleges was caused by defendant’s negligence. Plaintiff was employed -by defendant, in its mill, to oil engines and machinery and to assist in keeping the machinery belts and belting, and other things connected therewith, in proper order. At the time of the injury he was lacing a belt, which he had been ordered to do by his superior, O. M. Spruill, who was the engineer. There was, no one there to assist him,…
1Opinion of the Court
WalkeR, L.
In stating the case as above we have selected those portions of the testimony which tend to establish the defense and to overthrow the case of the plaintiff, although the invariable rule is, upon a motion to nonsuit or its equivalent, a request for a peremptory instruction to find for the defendant, to reject such evidence and consider only that which makes for the plaintiff and tends to sustain his cause of action. Hodges v. Wilson, 165 N. C., 323. But in no view of the evidence and the charge of the court do we see anything except a pure question of fact for the jury. There…
2Cases cited13 opinions
- Spruill v. Northwestern Mutual Life InsuranceSupreme Court of North Carolina · 1897
- Cox v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1898
- Russell v. Carolina Central R. R.Supreme Court of North Carolina · 1896
- Ramsbottom v. RailroadSupreme Court of North Carolina · 1905
- Brewster v. Elizabeth City.Supreme Court of North Carolina · 1905
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Conley Ex Rel. Conley v. Pearce-Young-Angel Co.Supreme Court of North Carolina · 1944
- Ramsbottom v. . RailroadSupreme Court of North Carolina · 1905
- Ridge v. City of High PointSupreme Court of North Carolina · 1918
- Griggs v. . Sears, Roebuck Co.Supreme Court of North Carolina · 1940
- Alexander v. . StatesvilleSupreme Court of North Carolina · 1914
6 more not listed; retrieve them via the Exa API.