Mercer v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal from Peebles, J., at October Term, 1910, of Edge-combe. The plaintiff, an employee of the defendant, alleges that he was injured by the negligence of the defendant in that the defendant failed to furnish him a safe tool with which to do his work. The defendant denied that it was negligent, and alleged that the plaintiff was guilty of contributory negligence.
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Appeal from Peebles, J., at October Term, 1910, of Edge-combe. The plaintiff, an employee of the defendant, alleges that he was injured by the negligence of the defendant in that the defendant failed to furnish him a safe tool with which to do his work. The defendant denied that it was negligent, and alleged that the plaintiff was guilty of contributory negligence. At the conclusion of the plaintiff’s evidence, his Honor entered judgment of nonsuit, and the plaintiff excepted and appealed. Í The facts are sufficiently stated in the opinion of the Court by Mr. Justice Allen.
1Opinion of the CourtAllen, J.
A judgment of nonsuit having been entered, it is our duty to accept the evidence of the plaintiff as true, and to give to it the construction most favorable to him.
Viewed in this light, we think there was some evidence of negligence to be submitted to the jury, but we express no opinion as to its weight.
The evidence, if believed, establishes that the plaintiff had been in the employment of the defendant three or four years, but that he had been working in the boiler corner only about a month before his injury; that at the time he was injured he was employed as helper or handyman to the…
2Cases cited16 opinions
- Marsh v. . ChickeringNew York Court of Appeals · 1886
- United States Tr. Co. of New York v. . U.S. Fire Ins. Co.New York Court of Appeals · 1858
- Marks v. Cotton Mills.Supreme Court of North Carolina · 1904
- Martin v. Highland Park Mfg. Co.Supreme Court of North Carolina · 1901
- Tanner v. Lumber Co.Supreme Court of North Carolina · 1906
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3Cited by44 opinions
- Philip Carey Roofing & Manufacturing Co. v. BlackTennessee Supreme Court · 1913
- Swaim v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1919
- Petty v. Cranston Print Works CompanySupreme Court of North Carolina · 1956
- Deligny v. Tate Furniture Co.Supreme Court of North Carolina · 1915
- Nowell v. BasnightSupreme Court of North Carolina · 1923
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