Legal Opinion

Harmon v. Ferguson Contracting Co.

Supreme Court of North Carolina

Decided April 17, 1912PublishedCited by 22 opinions

Appeal from Daniels, J., at November Term, 1911, of DAVIDSON. - This action was brought to recover damages for injuries to the plaintiff, alleged to have been caused by the negligence of the defendants, while he was in their employ at Whitney, N. C. Plaintiff complained as follows: 1. The plaintiff, at the time of the injuries hereinafter set out and at the time of the institution of this action, was a resident of the State of North Carolina, and the defendant the Ferguson…

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Appeal from Daniels, J., at November Term, 1911, of DAVIDSON. - This action was brought to recover damages for injuries to the plaintiff, alleged to have been caused by the negligence of the defendants, while he was in their employ at Whitney, N. C. Plaintiff complained as follows: 1. The plaintiff, at the time of the injuries hereinafter set out and at the time of the institution of this action, was a resident of the State of North Carolina, and the defendant the Ferguson Contracting Company was a corporation and was doing business, at the time, near the town of Whitney, N. 0., and the…

1Opinion of the CourtWalker, J.

It seems to us that the charge explained the law and the evidence to the jury as clearly as it could be done. One of the main issues between the parties related to the character in which the construction company was doing the work for the railway 'company, the other to the question of negligence. If the-construction company was an independent contractor, the other company was not liable for its negligence, unless the work was so inherently dangerous that it could not be let out to another without incurring responsibility for his negligence. We need not discuss this aspect of the case, as we…

2Cases cited7 opinions

  1. Womble v. . Grocery Co.Supreme Court of North Carolina · 1904
  2. Cotton v. North Carolina R. R. Co.Supreme Court of North Carolina · 1908
  3. Denny v. City of BurlingtonSupreme Court of North Carolina · 1911
  4. Beal v. Champion Fiber Co.Supreme Court of North Carolina · 1910
  5. Smith v. SimmonsSupreme Court of Pennsylvania · 1883

2 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Hayes v. . Elon CollegeSupreme Court of North Carolina · 1944
  2. Hayes v. Board of Trustees of Elon CollegeSupreme Court of North Carolina · 1944
  3. Vaughn v. North Carolina Department of Human ResourcesSupreme Court of North Carolina · 1979
  4. Underwood v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1932
  5. Bentley v. JonesCourt of Appeals of Georgia · 1934

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