Stewart v. Carpet Co.
Supreme Court of North Carolina
ACTION by W. Ii. Stewart against tbe Van Deventer .Carpet Company, beard by Judge Henry B. Bryan and a jury at tbe September Term, 1904, of tbe Superior Court of Guilford County.
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ACTION by W. Ii. Stewart against tbe Van Deventer .Carpet Company, beard by Judge Henry B. Bryan and a jury at tbe September Term, 1904, of tbe Superior Court of Guilford County. This action was brought to recover damages for injuries received by plaintiff, an employee of tbe defendant, by the fall of a freight elevator on which at the time he was riding, as he alleges, in the performance of his duty. - The evidence introduced by the plaintiff tended to show that his duty was to carry filling and wraps from the first to the second floor of the mill. This was done by putting the load on tlie…
1Opinion of the Court
Walker, J.,
after stating the case: It is unnecessary to consider more than two of the defendant’s exceptions which relate respectively to the first and second issues. The court charged the jury as follows: ' "If the jury find that the *63appliances in common use upon elevators were not provided by the defendant, and that plaintiff, in discharging his duties, was injured thereby, then you will answer the first issue ‘yes’.”
“Where the negligence of an employer is a continuing one, as the failure to furnish safe appliances in general use, there can be no contributory negligence by the employee…
2Cases cited8 opinions
- Lloyd v. P. H. Hanes & Co.Supreme Court of North Carolina · 1900
- Dorsett v. Clement-Ross Manufacturing Co.Supreme Court of North Carolina · 1902
- Whitson v. Wrenn.Supreme Court of North Carolina · 1903
- Smathers v. Bank.Supreme Court of North Carolina · 1904
- King v. . WellsSupreme Court of North Carolina · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by88 opinions
- Springs v. . DollSupreme Court of North Carolina · 1929
- White Ex Rel. White v. HinesSupreme Court of North Carolina · 1921
- Glowacki v. North Western Ohio Ry. & Power Co.Ohio Supreme Court · 1927
- Ridge v. Norfolk Southern RailroadSupreme Court of North Carolina · 1914
- Dail v. TaylorSupreme Court of North Carolina · 1909
83 more not listed; retrieve them via the Exa API.