Cozzins v. Tomlinson Chair Co.
Supreme Court of North Carolina
Appeal by defendant from Shaw, J., at November Term, 1913, Of GrUILFORD, Civil action tried upon these issues.: 1. Was the plaintiff injured by reason of the negligence of the defendant, as alleged in the complaint? Answer: Yes. . 2. Did the plaintiff by his own negligence contribute to the injury complained'of, as alleged in-the answer? • Answer: No. 3. What damage, if any, is plaintiff entitled to recover ? Answer: $100. The defendant appealed.
1Opinion of the Court
BeowN, _ J.
The plaintiff, a carpenter in the employ of the defendant, was injured while operating a jointer in its factory. The evidence’ shows he had no experience operating such a machine, and was doing it under instructions of the defendant’s superintendent.
The specific allegations of negligence are: (1) That the jointer at which he was injured was not equipped with a guard or protector; (2) That the guard or protector described was at that time an appliance approved and in general use; (3) That the jointer was in bad condition in that its knives were dull and gapped; and (4) That by a…
2Cases cited2 opinions
- Cotton v. North Carolina R. R. Co.Supreme Court of North Carolina · 1908
- Chesson v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1896
3Cited by2 opinions
- Bunch v. Foreman Blades Lumber Co.Supreme Court of North Carolina · 1917
- Highfill Ex Rel. Loving v. Washington Mills Co.Supreme Court of North Carolina · 1934