Williams v. Kinston Manufacturing Co.
Supreme Court of North Carolina
Civil actioN, tried before Stacy, J., at November Term, 1917, of LeNOIR, upon these issues: 1. "Was the plaintiff injured by the negligence of the defendant as alleged in the complaint? Answer: “Yes.” 2. If so, did the plaintiff, by his own negligence, contribute to his injury, as alleged in the answer ? Answer: “Yes.” 3. What damages, if any, is the plaintiff entitled to recover of defendant"? Answer: “$100.” From the judgment rendered defendant appealed.
1Opinion of the CourtBeowN, J.
The plaintiff was injured while working on a logging railroad of the defendant while the logging train was shifting cars from its own tracks to its own siding, to the end that the Kinston Carolina Railroad and Lumber Company might haul the cars to Kinston. These two companies have no connection with each other. By a special contract, the Kinston Carolina Railroad and Lumber Company hauls the logs of the Kinston manufacturing Company over its own independent road and with its own employees from the point where they are left by the defendant’s logging train to Kinston.
The only assignment of…
2Cases cited2 opinions
- Hemphill v. . Lumber Co.Supreme Court of North Carolina · 1906
- Tompkins v. Gardner & Spry Co.Michigan Supreme Court · 1888
3Cited by7 opinions
- Moore v. Chicago Bridge & Iron WorksSupreme Court of North Carolina · 1922
- State Ex Rel. Utilities Commission v. Gulf-Atlantic Towing Corp.Supreme Court of North Carolina · 1959
- Moore v. . RawlsSupreme Court of North Carolina · 1928
- State v. Suncrest Lumber Co.Supreme Court of North Carolina · 1923
- Gurganous v. Camp Manufacturing Co.Supreme Court of North Carolina · 1933
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