Legal Opinion · Dissent

Pressly v. Yarn Mills.

Supreme Court of North Carolina

Decided May 16, 1905PublishedCited by 39 opinions

AotioN by J. M. Pressly against Dover Tam Mills, beard by Judge O. II. Allen and a jury, at tbe January Term, 1905, of tbe Superior Court of MecKlenburg County.

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AotioN by J. M. Pressly against Dover Tam Mills, beard by Judge O. II. Allen and a jury, at tbe January Term, 1905, of tbe Superior Court of MecKlenburg County. Tbis was an action for damages for negligence tried upon tbe following issues: 1. Was plaintiff injured by tbe negligence of defendant? 2. Did plaintiff by bis own negligence contribute to bis own injury? 3. Did plaintiff voluntarily assume tbe risk? 4. (As to damages.) There was evidence on tbe part of tbe plaintiff tending to show that at tbe time of tbe injury be was tbe employee of tbe defendant, working in tbe spinning room; that…

1DissentBrown, J.

This was an action for damages for negligence, tried upon the (411) following issues:

1. Was plaintiff injured by the negligence of defendant?

2. Did plaintiff by his own negligence contribute to his own injury?

3. Did plaintiff voluntarily assume the risk?

4. (As to damages.)

There was evidence on the part of the plaintiff tending to show that at the time of the injury he was the employee of the defendant, working in the spinning-room; that his position was that of section-hand and his duties were the overhauling and repairing the spinning frames, of which there were 18 in the room; that his…

2Cases cited7 opinions

  1. Kane v. Northern Central Railway Co.Supreme Court of the United States · 1888
  2. Marks v. Cotton Mills.Supreme Court of North Carolina · 1904
  3. Lloyd v. P. H. Hanes & Co.Supreme Court of North Carolina · 1900
  4. Coley v. North Carolina RailroadSupreme Court of North Carolina · 1901
  5. Witsell v. . R. R.Supreme Court of North Carolina · 1897

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

3Cited by39 opinions

  1. Pigford v. . R. R.Supreme Court of North Carolina · 1912
  2. Deligny v. Tate Furniture Co.Supreme Court of North Carolina · 1915
  3. Ainsley v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1914
  4. State v. NormanSupreme Court of North Carolina · 1953
  5. Thompson v. Standard Oil Co.Supreme Court of North Carolina · 1919

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

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