Morrisett v. Elizabeth City Cotton Mills
Supreme Court of North Carolina
Appeal from Peebles, J., January Term, 1909, of Pasquo-TANK. These issues were submitted: 1. “Was the plaintiff injured by the negligence of defendant, as alleged? Answer: “Tes.” 2. “Did the plaintiff contribute to bis own injury, as alleged?” Answer: “No.” 3. “Did the plaintiff assume the risk of the injury suffered by him, as alleged?” Answer: “No.” 4. “What damage, if any, has plaintiff sustained ?” Answer: “Twenty-two hundred and fifty dollars.”
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Appeal from Peebles, J., January Term, 1909, of Pasquo-TANK. These issues were submitted: 1. “Was the plaintiff injured by the negligence of defendant, as alleged? Answer: “Tes.” 2. “Did the plaintiff contribute to bis own injury, as alleged?” Answer: “No.” 3. “Did the plaintiff assume the risk of the injury suffered by him, as alleged?” Answer: “No.” 4. “What damage, if any, has plaintiff sustained ?” Answer: “Twenty-two hundred and fifty dollars.” From the judgment rendered defendant appealed.
1Opinion of the CourtBrown, J.
Tbe evidence tends to prove tbat plaintiff, a boy of sixteen years of age, was employed in defendant’s mill as “bead doffer,” whose duty it was to superintend tbe boys in tbe spinning department, wbo were engaged in taking off full bobbins and putting on empty ones. One Trueblood was a “second boss” in tbat department, and plaintiff was under bim, as well as McAbee, tbe general manager. It was not plaintiff’s duty to change tbe gearing and be bad never done so before be was injured.
On lp January, 1902, Trueblood ordered plaintiff to go with bim and change the gear. Plaintiff bad no previous…
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- Womble v. . Grocery Co.Supreme Court of North Carolina · 1904
- Clary's Administrators v. ClarySupreme Court of North Carolina · 1841
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