Evans Ex Rel. Pendleton v. Dare Lumber Co.
Supreme Court of North Carolina
Appeal by plaintiff from Justice, J., at Special June Term, 1917, of PASQUOTANK. This is an action for personal injuries. Tbe plaintiff, wbo is suing by bis guardian, was 10 years old at tbe time bis arm was caught and torn off, when attempting to straighten a board on tbe “live rollers,” while working in tbe defendant’s mill, as ordered to do.
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Appeal by plaintiff from Justice, J., at Special June Term, 1917, of PASQUOTANK. This is an action for personal injuries. Tbe plaintiff, wbo is suing by bis guardian, was 10 years old at tbe time bis arm was caught and torn off, when attempting to straighten a board on tbe “live rollers,” while working in tbe defendant’s mill, as ordered to do. These live rollers were used for conveying lumber from place to place in tbe mill, and were fitted with rapidly revolving rollers and dangerous cog wheels, which were not boxed and totally unprotected. There was evidence “that most live rollers are…
1Opinion of the CourtClark, C. J.
It is six years since this boy’s arm was torn off, and we have just reached the nonsuit stage in this action.
There was negligence on the part of the defendant in allowing this boy 10 years of age to work in the factory; in allowing him to work in a dangerous place, and in allowing the live rollers to be operated without being boxed. The defendant’s superintendents saw the boy there and made no objection to his working.
The only defense the defendant attempted to set up was that Tony Spruill, who hired the boy and paid him, was an independent contractor. In Wiswall v. Brinson, 32 N. C., 554,…
2Cases cited5 opinions
- Starnes Ex Rel. Starnes v. Albion Manufacturing Co.Supreme Court of North Carolina · 1908
- Young v. Fosburg Lumber Co.Supreme Court of North Carolina · 1908
- Paducah Box & Basket Co. v. ParkerCourt of Appeals of Kentucky · 1911
- Ward Ex Rel. Ward v. Odell Manufacturing Co.Supreme Court of North Carolina · 1900
- McGowan v. Ivanhoe Manufacturing Co.Supreme Court of North Carolina · 1914
3Cited by20 opinions
- Murray's CaseSupreme Judicial Court of Maine · 1931
- Diamond v. McDonald Service StoresSupreme Court of North Carolina · 1937
- Corp. Commission v. Merchants Bank & Trust Co.Supreme Court of North Carolina · 1927
- Daly v. Swift & Co.Montana Supreme Court · 1931
- Irvan v. BoundsSupreme Court of Arkansas · 1943
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