Legal Opinion

Tisdale v. Union Tanning Co.

Supreme Court of North Carolina

Decided May 26, 1923PublishedCited by 7 opinions

Appeal by plaintiff from McElroy, J., at January Term, 1923, of McDowell. This is an action for damages for tbe negligent killing of plaintiff’s intestate, Arthur Allison.

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Appeal by plaintiff from McElroy, J., at January Term, 1923, of McDowell. This is an action for damages for tbe negligent killing of plaintiff’s intestate, Arthur Allison. He was working for the defendant tanning company at the time of his death, 29 January, 1920, assisting in the operation of a machine called a “drum dryer,” into which machine liquid extract is poured and in which are two revolving drums heated from within so that in forty minutes from the time the extract is poured into the drum it is as dry as powder. It was in evidence that “from the south side of the machine to the south…

1Opinion of the CourtOlaRic, C. J.

No one witnessed the actual death of the plaintiff’s intestate, but the facts are very simple. It was the duty of the defendant to give his employees a reasonably safe place in which to work. The building was a tannery, and there was a long line of shafting, inside of which there was a wooden railing, which would be a protection to the public and others than employees who were not called upon to go near the machinery. Between this line shafting and the windows there was a three-foot space, and the evidence is that it had been customary for the employees, when they desired or found it…

2Cases cited11 opinions

  1. Womble v. . Grocery Co.Supreme Court of North Carolina · 1904
  2. Hicks v. . Manufacturing Co.Supreme Court of North Carolina · 1905
  3. Ross v. Cotton Mills.Supreme Court of North Carolina · 1905
  4. Fitzgerald v. RailroadSupreme Court of North Carolina · 1906
  5. Lloyd v. P. H. Hanes & Co.Supreme Court of North Carolina · 1900

6 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Hinnant v. Tidewater Power Co.Supreme Court of North Carolina · 1924
  2. Swaney v. Peden Steel CompanySupreme Court of North Carolina · 1963
  3. Boswell v. Whitehead Hosiery MillsSupreme Court of North Carolina · 1926
  4. Boswell v. . Hosiery MillsSupreme Court of North Carolina · 1926
  5. Herring v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1925

2 more not listed; retrieve them via the Exa API.

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