Patterson v. North Carolina Lumber Co.
Supreme Court of North Carolina
This was a civil action which was tried before Lyon, J., and a jury, at March Term, 1907, of Halifax Superior Court. The plaintiff was employed by the defendant to straighten boards in its planing mill.
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This was a civil action which was tried before Lyon, J., and a jury, at March Term, 1907, of Halifax Superior Court. The plaintiff was employed by the defendant to straighten boards in its planing mill. He alleged, and there was evidence tending to prove, that where any employee who operated a planing machine called upon him to take his place while he was absent, he had been ordered by the manager to do so; that McWynn, whu had charge of one of the planers, left his place and requested the plaintiff to operate the machine while he was away. Plaintiff undertook to do so, and while feeding the…
1Opinion of the Court
Walker, J.,
after stating the case: We think the defendant was clearly entitled to the instruction which was refused. Where the employee steps outside the line of his duty or goes beyond the scope of his employment and does something, he is not required to do, he cannot recover from his master for any consequent injury, for in that particular he is not his servant, and his contract; does not provide for the new risk which he thus assumes and to which he exposes himself. The result is the same where-the servant, without the order or request of his employer or his representative, or contrary to…
2Cases cited8 opinions
- Martin v. Highland Park Mfg. Co.Supreme Court of North Carolina · 1901
- Alabama Great Southern Railroad v. HallSupreme Court of Alabama · 1894
- Whitson v. Wrenn.Supreme Court of North Carolina · 1903
- Mellor v. Merchants' Manufacturing Co.Massachusetts Supreme Judicial Court · 1890
- Walker v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Burnett v. Roanoke Mills Co.Supreme Court of North Carolina · 1910
- Geer v. Sound Transfer Co.Washington Supreme Court · 1915
- Blackburn v. Cherokee Lumber Co.Supreme Court of North Carolina · 1910
- Barnes v. . Utility Co.Supreme Court of North Carolina · 1925
- Barnes v. Phoenix Utility Co.Supreme Court of North Carolina · 1925
4 more not listed; retrieve them via the Exa API.