Deligny v. Tate Furniture Co.
Supreme Court of North Carolina
Appeal by defendant from Lyon, J., at February Term, 1915, of GrUILEOBD. Civil action. Tbe plaintiff sued for damages for personal injury sustained while working in tbe factory of tbe defendant at High Point, N. C., on 19 May, 1914, when plaintiff suffered a fracture of both bones in bis right forearm.
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Appeal by defendant from Lyon, J., at February Term, 1915, of GrUILEOBD. Civil action. Tbe plaintiff sued for damages for personal injury sustained while working in tbe factory of tbe defendant at High Point, N. C., on 19 May, 1914, when plaintiff suffered a fracture of both bones in bis right forearm. He alleged that at tbe time of tbe injury be was engaged in operating a belt sander, and properly described it as consisting of a table or bed at each end of which was a pulley, around which ran a sand-belt, which is a belt with one sicle sanded for the purpose of polishing material. The course…
1Opinion of the Court
Walker, J.,
after stating the case: The general doctrines in the law of negligence have been well settled by the decisions of this Court, and the difficulty lies always in attempting to apply them to a given state of facts. We wish to say of the questions raised in this case, and in limine, that their correct solution depends largely upon a thorough understanding of the facts, and a close attention thereto, as the liability of defendant, as we view the pleadings and the evidence, is to be determined more upon how they have been found by the jury than upon the proper apprehension of the general…
2Cases cited59 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Gardner v. Michigan Central RailroadSupreme Court of the United States · 1893
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3Cited by30 opinions
- Fulcher v. Pine Lumber Co.Supreme Court of North Carolina · 1926
- Witsell v. . R. R.Supreme Court of North Carolina · 1897
- Capps v. . R. R.Supreme Court of North Carolina · 1922
- Tise v. . Whitaker-Harvey Co.Supreme Court of North Carolina · 1907
- Jackson Ex Rel. Jackson v. McBrideSupreme Court of North Carolina · 1967
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