Dunn v. John L. Roper Lumber Co.
Supreme Court of North Carolina
Civil action tried before Whedbee, J., at February Term, 1916, of OíSAVEN. Plaintiff alleged that while in the service of the defendant, as a dogger at tbe sawing machine, the hammer-dog fell and broke the ■ saw into pieces and he was severely injured on his arm and hand by the flying pieces of the broken saw, which was the result of the defendant’s negligence in having for his use a defective machine.
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Civil action tried before Whedbee, J., at February Term, 1916, of OíSAVEN. Plaintiff alleged that while in the service of the defendant, as a dogger at tbe sawing machine, the hammer-dog fell and broke the ■ saw into pieces and he was severely injured on his arm and hand by the flying pieces of the broken saw, which was the result of the defendant’s negligence in having for his use a defective machine. Plaintiff Robert K. Dunn in his own behalf testified: “About 1 November, 1913, I was employed as a millwright by the Roper Lumber Company, and have been for about eighteen months at their New…
1Opinion of the Court
Walker, J.,
after stating the case: There are many exceptions in this record, but a careful analysis of them will disclose that they may be greatly reduced in number by classification, and that, at last, there are only a few when we confine ourselves to those which go to the real merits of the case.
The two principal assignments of error are that the court in its charge permitted the jury to consider the doctrine, res ipsa loquitur, as applicable to the facts, and that defendant’s motion for a nonsuit and its prayer for a peremptory instruction that in any view of the evidence, if believed by…
2Cases cited22 opinions
- Aycock v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1883
- Haynes v. Kaleigh Gas Co.Supreme Court of North Carolina · 1894
- Hicks v. . Manufacturing Co.Supreme Court of North Carolina · 1905
- Marks v. Cotton Mills.Supreme Court of North Carolina · 1904
- Ridge v. Norfolk Southern RailroadSupreme Court of North Carolina · 1914
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3Cited by4 opinions
- Pigford v. . R. R.Supreme Court of North Carolina · 1912
- Wooten v. Grand United Order of Odd FellowsSupreme Court of North Carolina · 1918
- Holt v. Oval Oak Manufacturing Co.Supreme Court of North Carolina · 1919
- Steele v. . GrantSupreme Court of North Carolina · 1914