Dover v. Mayes Manufacturing Co.
Supreme Court of North Carolina
Appeal from Biggs, J., at March Term, 1911, of MecjKleN-bueg. Civil action for damages for tbe alleg’ed negligent killing of ’William Dover, tbe son and intestate of plaintiff. At conclusion of tbe evidence a judgment of nonsuit was ordered upon motion of defendant, and plaintiff excepted and appealed.
1Opinion of the CourtBeowN, J.
Tbe plaintiff’s intestate, a boy 10 years old, was killed by tbe running away of a team of mules belonging, to tbe defendant, Mayes Manufacturing Company, and in charge of one of its servants. Tbe evidence offered by tbe plaintiff shows that tbe team was being driven by a negro boy 17 years old and was at tbe time pulling a wagon partially loaded with lumber which was being moved for tbe defendant. After tbe lumber was loaded, tbe plaintiff’s intestate and two other small boys climbed on tbe wagon. There was also on tbe wagon with tbe driver another negro boy 18 or 19 years old. When tbe…
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