Legal Opinion

Howard v. . Wright

Supreme Court of North Carolina

Decided April 11, 1917PublishedCited by 17 opinions

Civil actioN to recover damages for death of plaintiff’s intestate, caused by alleged negligence of defendant’s employees, tried before Daniels, J., and a jury, at November Term, 1916, of Duuham. There was evidence on part of plaintiff tending to show that in the fall of 1915 defendant was having a dwelling-house built in said county by bis own employees and under tbe supervision and direction of W. C. Gibson.

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Civil actioN to recover damages for death of plaintiff’s intestate, caused by alleged negligence of defendant’s employees, tried before Daniels, J., and a jury, at November Term, 1916, of Duuham. There was evidence on part of plaintiff tending to show that in the fall of 1915 defendant was having a dwelling-house built in said county by bis own employees and under tbe supervision and direction of W. C. Gibson. That on 10 September, 1915, intestate, one of tbe employees, while engaged in said employment, fell from a scaffold or platform prepared for carrying on tbe work and received severe…

1Opinion of the CourtHoke, J.

There was ample evidence of negligence in respect to the platform, both as to the material of which it was made, and the manner in which it was built, two of the witnesses testifying that when it was being put up one of the employees said to the foreman: “You are fixing a trap there to throw men down and break their necks,’ and the foreman replied: “Let the men look where they walk, and if they fall the ground will catch them.” Defendant, however, contends that there was error in the proceedings below as to the assumption of risk on the part of the intestate, in that his Honor did not lay…

2Cases cited16 opinions

  1. Kane v. Northern Central Railway Co.Supreme Court of the United States · 1888
  2. Keyes v. City of Cedar FallsSupreme Court of Iowa · 1899
  3. Hodgson v. VermontSupreme Court of the United States · 1897
  4. Indiana Railway Co. v. MaurerIndiana Supreme Court · 1903
  5. Lloyd v. P. H. Hanes & Co.Supreme Court of North Carolina · 1900

11 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Wooten v. Grand United Order of Odd FellowsSupreme Court of North Carolina · 1918
  2. Davis v. North Carolina Shipbuilding Co.Supreme Court of North Carolina · 1920
  3. Thompson v. Standard Oil Co.Supreme Court of North Carolina · 1919
  4. Bryant v. Burns-Hammond Construction Co.Supreme Court of North Carolina · 1929
  5. Martin v. P. H. Hanes Knitting Co.Supreme Court of North Carolina · 1925

12 more not listed; retrieve them via the Exa API.

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