Bloxham v. Stave & Timber Corp.
Supreme Court of North Carolina
Civil action, tried before Bond, J., and a jury, at January Terra, 1916, of "WASHINGTON. Plaintiff brought this suit to recover damages for personal injuries to himself which, he alleges, were caused by defendant’s negligence in permitting a tree to fall upon him while he was riding on one of the flat-cars of its logging road in the discharge of his duties as its superintendent.
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Civil action, tried before Bond, J., and a jury, at January Terra, 1916, of "WASHINGTON. Plaintiff brought this suit to recover damages for personal injuries to himself which, he alleges, were caused by defendant’s negligence in permitting a tree to fall upon him while he was riding on one of the flat-cars of its logging road in the discharge of his duties as its superintendent. We may well adopt, for the sake of deciding the case, the statement of some of the principal facts as contained in the brief of defendant’s counsel, with quotations therein of a part of plaintiff’s testimony, as…
1Opinion of the Court
WalKee, J.,
after stating the ease: Some of the assignments of error are directed to the absence of evidence to show any negligence on the *44part of defendant, arising from tbe failure of tbe engineer to see tbe falling tree in time to bave stopped bis engine and prevented tbe injury, and to tbe fact that plaintiff was in full charge and control of tbe defendants’ business and logging operations, including tbe running of tbe engine and cars, and therefore assumed all risks of injury therefrom; and, further, that there is no evidence to support tbe finding of tbe jury that plaintiff was injured…
2Cases cited10 opinions
- Simmons v. Davenport.Supreme Court of North Carolina · 1906
- Dail v. TaylorSupreme Court of North Carolina · 1909
- Fitzgerald v. RailroadSupreme Court of North Carolina · 1906
- Coley v. North Carolina RailroadSupreme Court of North Carolina · 1901
- Hemphill v. . Lumber Co.Supreme Court of North Carolina · 1906
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3Cited by3 opinions
- Dail v. . TaylorSupreme Court of North Carolina · 1909
- Mumpower v. Black Mountain Railway Co.Supreme Court of North Carolina · 1917
- Goodman v. Tallahassee Power Co.Supreme Court of North Carolina · 1917