Fox v. . Texas Co.
Supreme Court of North Carolina
Appeal by defendant from McElroy, J.,. at March Term, 1920, of Guileobd. Tbis is tbe last of tbe three cases beard together at tbis term, and growing out of tbe explosion on 3 May, 1919, .at tbe defendant’s plant in Greensboro, at tbe corner of Lee and Litbia streets. Tbe feme plaintiff was at her borne in bed, suffering with a dislocated knee, when tbe violence of tbe explosion blew her out of tbe bed and severely injured her, and partially wrecked tbe bouse.
Read the full summary
Appeal by defendant from McElroy, J.,. at March Term, 1920, of Guileobd. Tbis is tbe last of tbe three cases beard together at tbis term, and growing out of tbe explosion on 3 May, 1919, .at tbe defendant’s plant in Greensboro, at tbe corner of Lee and Litbia streets. Tbe feme plaintiff was at her borne in bed, suffering with a dislocated knee, when tbe violence of tbe explosion blew her out of tbe bed and severely injured her, and partially wrecked tbe bouse. Tbe jury, by their verdict, found for tbe plaintiff, and assessed her damages at $3,000. Judgment was entered on tbe verdict, and…
1Opinion of the Court
"Walker, J.,
after stating tbe case: Tbe main features of tbis case are not unlike those in tbe other two cases, Stone v. Texas Oil Co. and Newton v. Texas Oil Co., decided at tbis term. If there is any difference it is very slight, and not sufficiently substantial to change the result. His Honor could not have granted the motion to nonsuit, because there was evidence for the consideration of the jury upon the question of negligence, and, we think, the jury have found correctly upon the first issue as to negligence and proximate cause, and the damages are not reviewable here. ¿
The testimony as…
2Cases cited10 opinions
- Byrd v. Express Co.Supreme Court of North Carolina · 1905
- Leathers v. Blackwell Durham Tobacco Co.Supreme Court of North Carolina · 1907
- State v. Ledford.Supreme Court of North Carolina · 1903
- Starnes Ex Rel. Starnes v. Albion Manufacturing Co.Supreme Court of North Carolina · 1908
- Nance v. Western Union Telegraph Co.Supreme Court of North Carolina · 1919
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Norfolk Southern Ry. Co. v. Davis Frozen Foods, Inc.Court of Appeals for the Fourth Circuit · 1952
- Spence v. American Oil Co.Supreme Court of Virginia · 1938
- Stultz v. . ThomasSupreme Court of North Carolina · 1921
- Nance v. . Telegraph Co.Supreme Court of North Carolina · 1919
- Pangle v. . Appalachian HallSupreme Court of North Carolina · 1925
4 more not listed; retrieve them via the Exa API.