Lynch v. Dewey Bros.
Supreme Court of North Carolina
Civil action, tried before Allen, J.} and a jury, at November Term, 1917, of "Wayne. The plaintiff was in the employment of tbe defendant company on 10 August, 1917, as pattern maker, and had been there for some months previous to this date. He was directed to add one-fourth of an inch to the thickness of a sawdust grate bar. To do this it required a piece of timber one-fourth of an inch thick to be tacked on the old grate bar.
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Civil action, tried before Allen, J.} and a jury, at November Term, 1917, of "Wayne. The plaintiff was in the employment of tbe defendant company on 10 August, 1917, as pattern maker, and had been there for some months previous to this date. He was directed to add one-fourth of an inch to the thickness of a sawdust grate bar. To do this it required a piece of timber one-fourth of an inch thick to be tacked on the old grate bar. While he was at the machine engaged in planing the timber, the latter kicked back and his hand was drawn into the planer and his fingers cut off by the knives. The…
1Opinion of the Court
Walker, J.,
after stating the case: The judgment of the court was correct. In passing upon a motion to nonsuit, we should consider the evidence in the light which tends to support the plaintiff’s case, rejecting all that tends to disprove it. There was, perhaps, evidence of contributory negligence on the part of the plaintiff, but it was for the jury *157to determine tbe effect of it under tbe doctrine of tbe ordinarily prudent man, as it was not of sucb a nature tbat reasonable men would not differ in regard to it, and so as to assumption of risk, if tbat defense was presented in tbe case at all.…
2Cases cited12 opinions
- Kane v. Northern Central Railway Co.Supreme Court of the United States · 1888
- Hicks v. . Manufacturing Co.Supreme Court of North Carolina · 1905
- Marks v. Cotton Mills.Supreme Court of North Carolina · 1904
- Lloyd v. P. H. Hanes & Co.Supreme Court of North Carolina · 1900
- Witsell v. . R. R.Supreme Court of North Carolina · 1897
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Alexander v. Richmond Cedar WorksSupreme Court of North Carolina · 1919
- Alexander v. . Cedar WorksSupreme Court of North Carolina · 1919
- Street v. Erskine-Ramsey Coal Co.Supreme Court of North Carolina · 1928
- Dunn v. . Lumber Co.Supreme Court of North Carolina · 1916
- State v. . EdmondsSupreme Court of North Carolina · 1923
2 more not listed; retrieve them via the Exa API.