Taylor v. Neuse Lumber Co.
Supreme Court of North Carolina
Civil action, tried before Lyon, J., at October Term, 1916, of CRAVEN. This is an action, to recover damages for personal injury caused by falling in boiling water, which had escaped from a steam pipe which burst in a mill of the defendant, and at the close of the testimony the defendant moved for a judgment of nonsuit, which was refused, and the defendant excepted.
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Civil action, tried before Lyon, J., at October Term, 1916, of CRAVEN. This is an action, to recover damages for personal injury caused by falling in boiling water, which had escaped from a steam pipe which burst in a mill of the defendant, and at the close of the testimony the defendant moved for a judgment of nonsuit, which was refused, and the defendant excepted. The plaintiff was employed to look after and keep in repair the piping, boilers and engines, and his duty required him to be in the boiler and engine room. At the time of the explosion he was in back of the boiler engaged in…
1Opinion of the CourtAlleN, J.
The appeal presents two questions for decision: (1) Is there evidence of negligence? (2) If so, is there evidence that this negligence was the proximate cause of tli injury to the plaintiff?
In considering the evidence of negligence we must keep in mind the duty imposed upon the defendant, because negligence is the breach of a legal duty, and it is only when we have a clear conception of the duty that we can properly appreciate evidence upon its breach.
It is conceded by the defendant that it was under a legal obligation to provide the plaintiff a reasonably safe place to work and reasonably…
2Cases cited9 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Insurance Co. v. BoonSupreme Court of the United States · 1877
- Ainsley v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1914
- Harvell v. Weldon Lumber Co.Supreme Court of North Carolina · 1911
- Kiger v. Liipfert Scales Co.Supreme Court of North Carolina · 1913
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Moore v. Chicago Bridge & Iron WorksSupreme Court of North Carolina · 1922
- Hinnant v. Tidewater Power Co.Supreme Court of North Carolina · 1924
- Dickey v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1929
- Price v. GraySupreme Court of North Carolina · 1957
- Godfrey v. Queen City Coach Co.Supreme Court of North Carolina · 1931
10 more not listed; retrieve them via the Exa API.