Legal Opinion

Cotton v. Manufacturing Company.

Supreme Court of North Carolina

Decided November 7, 1906PublishedCited by 5 opinions

PetitioN to rehear this case by defendant, which was heard at the Spring Term, 1906, of this Court and a per curiam judgment rendered. 141 N. C., 876. This was an action to recover damages for injury received in defendant’s mill while working at a calendar-machine.

Read the full summary

PetitioN to rehear this case by defendant, which was heard at the Spring Term, 1906, of this Court and a per curiam judgment rendered. 141 N. C., 876. This was an action to recover damages for injury received in defendant’s mill while working at a calendar-machine. The cause was tried upon the following issues: 1. Was the plaintiff injured by the negligence of the defendant, as alleged in the complaint ? Ans.: Yes. 2. Did the plaintiff by his own negligence contribute to his injury, as alleged in the answer? Ans.: No. 3. What damages, if any, is plaintiff entitled to recover? Ans.: $425.

1Opinion of the CourtBhown, J.

This appeal was considered by the Court at the last term and a per curiam judgment rendered, affirming the judgment without filing an opinion. There was no new question presented arising upon the law of negligence nor any novel application of an old principle. We regarded the case as involving largely questions of fact which we thought had been fully and correctly presented to the jury. We think so still; but in deference to the earnestness of the learned counsel for the defendant we give our reasons why the petition to rehear is dismissed.

The plaintiff contends that his hand was hurt while…

2Cases cited2 opinions

  1. Hudson v. Charleston, Cincinnati & Chicago RailroadSupreme Court of North Carolina · 1889
  2. State v. . TillySupreme Court of North Carolina · 1843

3Cited by5 opinions

  1. Pritchett v. . R. R.Supreme Court of North Carolina · 1911
  2. Tillotson v. . CurrinSupreme Court of North Carolina · 1918
  3. Pritchett v. Southern Railway Co.Supreme Court of North Carolina · 1911
  4. Nelson v. R. J. Reynolds Tobacco Co.Supreme Court of North Carolina · 1907
  5. Poindexter v. . CallSupreme Court of North Carolina · 1921

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API