Gates v. . Latta
Supreme Court of North Carolina
AotioN for damages, tried before Greene, J., and a jury at March Term, 1895 of Durham: Superior Court. There was a verdict for the plaintiff and from the judgment thereon the defendants appealed. The facts appear in the opinion of Chief Justice Faieoloth.
1Opinion of the Court
Faircloth, C. J.:
Tbe defendant Latta, as the employee of the defendant Geer, was engaged in blasting rock in his mill race near the public county road, where it crosses the river Eno, and the plaintiff was walking along said road when the injury occurred, about dusk,about 100 or 150 yards from the dam. When the blast went off a five pound piece of rock struck the plaintiff and broke her arm. They were éach engaged in a lawful business, and the question of negli'gence depends upon the manner or method in which they exercised their rights. The burden was upon the plaintiff to prove to the…
2Cases cited2 opinions
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3Cited by7 opinions
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- Marion Construction Co. v. SteepletonCourt of Appeals of Tennessee · 1931
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