Thompson v. Standard Oil Co.
Supreme Court of North Carolina
ActioN tried before Devin, J., and a jury, at the September Term, 1918, of Alamance. The action is to recover damages for injuries caused by the negligence of defendant company, the employer, in supplying plaintiff, an employee, with an improper tool or implement with which to do his work, to wit, placing a car on a railroad track in proper position, and by a negligent order as to the present use of said implement, given by a Mr. Fowler, who was there in personal charge of…
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ActioN tried before Devin, J., and a jury, at the September Term, 1918, of Alamance. The action is to recover damages for injuries caused by the negligence of defendant company, the employer, in supplying plaintiff, an employee, with an improper tool or implement with which to do his work, to wit, placing a car on a railroad track in proper position, and by a negligent order as to the present use of said implement, given by a Mr. Fowler, who was there in personal charge of the work and who stood towards plaintiff and his coemployees in the position of vice principal. On denial of liability…
1Opinion of the CourtHoke, J.
From the admissions in the pleadings and the facts in evidence it appears that in July, 1917, plaintiff and one or two others, coworkers in the employment of the defendant company for the purpose, were engaged in placing a tank car of the company, then on the railroad track, in a proper position in reference to one of its subsidiary tanks, to the end that its contents might be emptied into the stationary tank by means of a hose, etc.; that the work was being done in the presence and under the personal supervision and direction of one J. O. Fowler, also an employee of the company, and who…
2Cases cited21 opinions
- Gila Valley, Globe & Northern Railway Co. v. HallSupreme Court of the United States · 1914
- Hicks v. . Manufacturing Co.Supreme Court of North Carolina · 1905
- Mercer v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
- Pressly v. Yarn Mills.Supreme Court of North Carolina · 1905
- Patton v. Western North Carolina RailroadSupreme Court of North Carolina · 1887
16 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Davis v. North Carolina Shipbuilding Co.Supreme Court of North Carolina · 1920
- Cole v. . R. R.Supreme Court of North Carolina · 1930
- Gaither v. E. H. Clement Co.Supreme Court of North Carolina · 1922
- Newbern v. Great Atlantic & Pacific Tea Co.Court of Appeals for the Fourth Circuit · 1934
- Cole v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1930
16 more not listed; retrieve them via the Exa API.