Moore v. Chicago Bridge & Iron Works
Supreme Court of North Carolina
Appeal by defendant from Ray, J., at tbe October Term, 1921, of MecicleNbueg. Civil action to recover damages for an alleged negligent personal injury. Plaintiff, an employee of tbe defendant company, was engaged, witb other servants, in tbe work of erecting a steel tower and water tank for tbe Standard Bonded Warehouse Company in tbe city of Charlotte.
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Appeal by defendant from Ray, J., at tbe October Term, 1921, of MecicleNbueg. Civil action to recover damages for an alleged negligent personal injury. Plaintiff, an employee of tbe defendant company, was engaged, witb other servants, in tbe work of erecting a steel tower and water tank for tbe Standard Bonded Warehouse Company in tbe city of Charlotte. At tbe time of tbe injury jdaintiff, together witb other employees, was undertaking to move a long pole, similar to a telegraph pole, from tbe platform of tbe warehouse to tbe scaffold around tbe water tank. Tbe pole was being conveyed on a…
1Opinion of the Court
Stacy, J.,
after stating the case: There áre a number of exceptions appearing on the record, but we deem it unnecessary to consider them seriatim, as, in our opinion, a new trial must be awarded for error in the charge on the issue of contributory negligence. Upon this phase of the case his Honor instructed the jury as follows: “So, if you find that the plaintiff in the case, under the contentions which the court will later lay down for you, was guilty of contributory negligence and contributed to the degree that he was guilty, yet it does not predominate,' then the defendant is not entitled…
2Cases cited5 opinions
- Fleming v. Norfolk Southern RailroadSupreme Court of North Carolina · 1912
- Taylor v. Neuse Lumber Co.Supreme Court of North Carolina · 1917
- Jackson v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1921
- Williams v. Kinston Manufacturing Co.Supreme Court of North Carolina · 1918
- Vann v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1921
3Cited by40 opinions
- State v. . CopeSupreme Court of North Carolina · 1933
- West Construction Co. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1922
- Short v. Chapman Ex Rel. RhoneySupreme Court of North Carolina · 1964
- Sebastian v. Horton Motor LinesSupreme Court of North Carolina · 1938
- Elder v. Plaza RailwaySupreme Court of North Carolina · 1927
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