Warwick v. Lumberton Cotton Oil & Ginning Co.
Supreme Court of North Carolina
Appeal from W. li. Allen, J., at the May Term, 1910, of ROBESON. These issues were submitted: 1. Was tbe plaintiff Oscar Warwick in tbe employ of tbe defendant at tbe time of tbe injury alleged in tbe complaint? Ans., Yes. 2. Was tbe injury received by plaintiff caused by tbe negligence of tbe defendant, as alleged in tbe complaint ? Ans., Yes. 3. Did tbe plaintiff, by bis own negligence, contribute to bis own injury? Ans., No. 4. Did tbe plaintiff voluntarily assume tbe…
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Appeal from W. li. Allen, J., at the May Term, 1910, of ROBESON. These issues were submitted: 1. Was tbe plaintiff Oscar Warwick in tbe employ of tbe defendant at tbe time of tbe injury alleged in tbe complaint? Ans., Yes. 2. Was tbe injury received by plaintiff caused by tbe negligence of tbe defendant, as alleged in tbe complaint ? Ans., Yes. 3. Did tbe plaintiff, by bis own negligence, contribute to bis own injury? Ans., No. 4. Did tbe plaintiff voluntarily assume tbe risk involved in feeding tbe conveyer by assuming a position wbicb be knew was dangerous? Ans., No. 5. Wbat damage, if any,…
1Opinion of the CourtBkowN, J.
Upon tbe trial below tbe defendant moved to non-suit. Tbe refusal of tbis motion constituted tbe only assign- - ment of error necessary to consider.
Tbe testimony tends to prove tbat plaintiff at tbe time of tbe injury was working in defendant’s oil mill and got bis foot in tbe conveyer whereby be was seriously injured. Tbis conveyer consists of a wooden box, about eighteen inches square, within wbicb is a rapidly revolving iron screw, by means whereof tbe cotton seed are conveyed from tbe seed bouse to tbe screens to be cleaned and from tbence to tbe gins to be reginned and from tbence to…
2Cases cited3 opinions
- House v. Southern Railway Co.Supreme Court of North Carolina · 1910
- Covington v. . Furniture Co.Supreme Court of North Carolina · 1905
- Brookshire v. Asheville Electric Co.Supreme Court of North Carolina · 1910
3Cited by10 opinions
- Kientz v. CarltonSupreme Court of North Carolina · 1957
- Simpson v. Southern Railway Co.Supreme Court of North Carolina · 1910
- Brown v. J. S. Scofields Sons Co.Supreme Court of North Carolina · 1917
- Lynch v. Carolina, Clinchfield & Ohio Railway Co.Supreme Court of North Carolina · 1913
- Mace v. Carolina Mineral Co.Supreme Court of North Carolina · 1915
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