Walters v. Durham Lumber Co.
Supreme Court of North Carolina
Appeal by plaintiff from Peebles, J., at March Term, 1913, of Dueham. Civil action to recover damages for physical injuries caused by the alleged negligence of the defendant company in the selection of a fellow-employee. . There was evidence on the part of plaintiff tending to show that, on 9 November, 1911, the plaintiff, an employee of the defendant company, was engaged in operating a ripsaw, making pieces for door panels; that the work is ordinarily done by two persons,…
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Appeal by plaintiff from Peebles, J., at March Term, 1913, of Dueham. Civil action to recover damages for physical injuries caused by the alleged negligence of the defendant company in the selection of a fellow-employee. . There was evidence on the part of plaintiff tending to show that, on 9 November, 1911, the plaintiff, an employee of the defendant company, was engaged in operating a ripsaw, making pieces for door panels; that the work is ordinarily done by two persons, one a feeder, who pushes the lumber or material onto the saw, and the other the “tailer,” who' draws the piece away from…
1Opinion of the Court
Hoke, J.,
after stating the ease: It is the very generally accepted principle, unless otherwise provided by statute, as it is in this State in the case of railroads, that an employer of labor is not responsible for injuries to an employee attributable solely to the negligence of a fellow-servant. Hagins v. R. R., 106 N. C., 527. He is held, however, to the exercise.of reasonable care in selecting employees who are competent and fitted for the work in which they are engaged, and, if there has been negligence in this respect, and it is shown that such negligence is the proximate cause of injury…
2Cases cited11 opinions
- Baulec v. . New York Harlem R.R. Co.New York Court of Appeals · 1874
- Fishblate v. Fidelity Co.Supreme Court of North Carolina · 1906
- Big Stone Gap Iron Co. v. KetronSupreme Court of Virginia · 1903
- Grube v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1889
- Hilts v. Chicago & Grand Trunk Ry.Michigan Supreme Court · 1885
6 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Woodson v. RowlandSupreme Court of North Carolina · 1991
- Braswell v. BraswellSupreme Court of North Carolina · 1991
- CLOANINGER EX REL. EST. OF CLOANINGER v. McDevittCourt of Appeals for the Fourth Circuit · 2009
- Medlin v. BassSupreme Court of North Carolina · 1990
- Foster v. CrandellCourt of Appeals of North Carolina · 2007
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