Legal Opinion

Rushing v. Seaboard Air Line Railway Co.

Supreme Court of North Carolina

Decided November 19, 1908PublishedCited by 22 opinions

Defendant’s Appeal. ActioN tried before Jones, J., and a jury, June Term, 1908, of ANSON. Both sides appealed. DEFENDANT'S APPEAL. PLAINTIFF'S APPEAL.

1Opinion of the Court

DEFENDANT'S APPEAL. Action of damages for injuries caused by defendant's negligence. Under orders of the foreman the plaintiff and three others took in their hands a stick of lumber, which was lying partly submerged in the water, and walked sideways with it, and while trying to climb up a five foot embankment the plaintiff stumbled and fell. The stick of timber fell on him, injuring him. Plaintiff testified that the defendant had for years used lug hooks in such work, which grasp a stick of timber; that if the lug hooks had been used on this occasion he would have walked forward, instead of…

2Cases cited3 opinions

  1. Wallace v. Western N. C. RailroadSupreme Court of North Carolina · 1889
  2. Orr v. Southern Bell Telephone & Telegraph Co.Supreme Court of North Carolina · 1903
  3. Hedrick v. RailroadSupreme Court of North Carolina · 1904

3Cited by22 opinions

  1. Ridge v. Norfolk Southern RailroadSupreme Court of North Carolina · 1914
  2. Helmstetler v. Duke Power Co.Supreme Court of North Carolina · 1945
  3. Ledford v. Valley River Lumber Co.Supreme Court of North Carolina · 1922
  4. Campbell v. . R. R.Supreme Court of North Carolina · 1931
  5. Lieb v. MayerSupreme Court of North Carolina · 1956

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