Harris v. Mangum
Supreme Court of North Carolina
Appeal by defendant from Bond, J., at the November Term, 1921, of Wake. Civil action for tbe recovery of damages for tbe wrongful and negligent death of plaintiff’s intestate, tried by Bond, J., and a jury, at tbe October-November term of tbe Superior Court of Wake. Tbe intestate was standing near a steam boiler used by tbe defendant in tbe operation of a sawmill wben tbe boiler exploded, causing tbe death of tbe intestate.
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Appeal by defendant from Bond, J., at the November Term, 1921, of Wake. Civil action for tbe recovery of damages for tbe wrongful and negligent death of plaintiff’s intestate, tried by Bond, J., and a jury, at tbe October-November term of tbe Superior Court of Wake. Tbe intestate was standing near a steam boiler used by tbe defendant in tbe operation of a sawmill wben tbe boiler exploded, causing tbe death of tbe intestate. There was evidence for plaintiff tending to show that her intestate was an employee of tbe defendant, and evidence for defendant tending to show that be was not. Tbe jury…
1Opinion of the CourtAdams, J.
Applying tbe doctrine of res ipsa loquitur to tbe canse of tbe intestate’s death, bis Honor instructed tbe jury as follows: “Tbe defendant having admitted that an explosion occurred, tbe law raises a presumption that tbe explosion was due to negligence, and shifts upon tbe defendant tbe burden of showing that tbe explosion was not negligently caused.” This instruction the defendant assigns as error, and in our opinion bis exception should be sustained. Tbe verdict, considered in reference to bis Honor’s charge, established as between tbe defendant and tbe intestate tbe relation of master and…
2Cases cited12 opinions
- Womble v. . Grocery Co.Supreme Court of North Carolina · 1904
- Ross v. Cotton Mills.Supreme Court of North Carolina · 1905
- Cox v. Aberdeen & Asheboro R. R. Co.Supreme Court of North Carolina · 1908
- Rose v. Stephens & Condit Transp. Co.District Court, S.D. New York · 1882
- Harper Furniture Co. v. Southern Express Co.Supreme Court of North Carolina · 1907
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Smith v. Gulf Oil Corp.Supreme Court of North Carolina · 1954
- Hinnant v. Tidewater Power Co.Supreme Court of North Carolina · 1924
- Kekelis v. Whitin MacHine WorksSupreme Court of North Carolina · 1968
- Saunders v. Norfolk & Western Railway Co.Supreme Court of North Carolina · 1923
- Young v. Anchor Co.Supreme Court of North Carolina · 1954
9 more not listed; retrieve them via the Exa API.