Fleming v. Tarboro Knitting Mills
Supreme Court of North Carolina
Appeal from Cline, Jat September Term, 1912, of Pitt. Civil action for damages for personal injury. These issues were submitted: 1. Was tbe plaintiff unlawfully and wrongfully assaulted by tbe defendant John Mobley, as alleged in tbe complaint? Answer : Yes. 2. If so, was tbe defendant Mobley at tbe time acting within tbe scope of bis employment as foreman of tbe knitting-room of tbe defendant, tbe Tarboro Knitting Mills? Answer: Yes. 3. Wbat damage, if any, is tbe plaintiff…
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Appeal from Cline, Jat September Term, 1912, of Pitt. Civil action for damages for personal injury. These issues were submitted: 1. Was tbe plaintiff unlawfully and wrongfully assaulted by tbe defendant John Mobley, as alleged in tbe complaint? Answer : Yes. 2. If so, was tbe defendant Mobley at tbe time acting within tbe scope of bis employment as foreman of tbe knitting-room of tbe defendant, tbe Tarboro Knitting Mills? Answer: Yes. 3. Wbat damage, if any, is tbe plaintiff entitled to recover? Answer: Three thousand dollars. Tbe defendant knitting mills appealed.
1Opinion of the CourtBrown, J.
There is abundant evidence that tbe defendant Mobley violently and wrongfully assaulted tbe plaintiff and to justify tbe finding of tbe jury on tbe first issue.
Tbe only question presented by this appeal and discussed on tbe argument is tbe liability of the knitting mills for Mobley’s act, and that was submitted to tbe jury under tbe second issue.
Where tbe facts are admitted, or there is ño conflicting evidence, and only one inference can be drawn, it is for tbe court to determine whether tbe act of a servant comes within tbe scope of bis employment or was done in tbe service of bis employer.
Bu…
2Cases cited8 opinions
- Daniel v. RailroadSupreme Court of North Carolina · 1904
- Hussey v. Norfolk Southern RailroadSupreme Court of North Carolina · 1887
- Roberts v. RailroadSupreme Court of North Carolina · 1906
- Jackson v. Telegraph Co.Supreme Court of North Carolina · 1905
- Bucken v. South & Western Railway Co.Supreme Court of North Carolina · 1911
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3Cited by13 opinions
- Dickerson v. . Refining Co.Supreme Court of North Carolina · 1931
- Martin v. Greensboro-Fayetteville Bus LineSupreme Court of North Carolina · 1929
- Van Landingham Ex Rel. Van Landingham v. Singer Sewing MacHine Co.Supreme Court of North Carolina · 1934
- Jackson v. . Telegraph Co.Supreme Court of North Carolina · 1905
- Dickerson v. Atlantic Refining Co.Supreme Court of North Carolina · 1931
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