Phillips v. Salem Iron Works
Supreme Court of North Carolina
Civil actioN, tried before Ferguson, J., and a jury, at March Term, 1907, of the Superior Court of Forsyth County. Erom judgment for defendant plaintiff appealed. Action for damages alleged to have been sustained by plaintiff by reason of defendant’s negligence. There was a verdict and judgment for 'defendant. Plaintiff noted exceptions to the charge and appealed.
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Civil actioN, tried before Ferguson, J., and a jury, at March Term, 1907, of the Superior Court of Forsyth County. Erom judgment for defendant plaintiff appealed. Action for damages alleged to have been sustained by plaintiff by reason of defendant’s negligence. There was a verdict and judgment for 'defendant. Plaintiff noted exceptions to the charge and appealed. The facts pertinent to the exceptions and the decision of the appeal are: Defendant company, in connection with its other business, made “dry cans,” which were used in woolen mills to dry yarn after it had been dyed. It was…
1Opinion of the Court
CoNNOR, J.,
after stating the facts: There can be no just criticism of his Honor’s charge, in so far as he defines the duty of the master to furnish to his servant a reasonably safe place to work and reasonably safe appliances with which to perform the service. Plaintiff contends that he should have gone further and told the jury that when a safety appliance in the operation of dangerous instrumentalities is known, approved and in general use, the standard of duty fixed by the law requires the employer to furnish such appliance to his employee; that the use of such appliance became the…
2Cases cited5 opinions
- Hicks v. . Manufacturing Co.Supreme Court of North Carolina · 1905
- Marks v. Cotton Mills.Supreme Court of North Carolina · 1904
- Horne v. . Power Co.Supreme Court of North Carolina · 1906
- Fearington v. . Tobacco Co.Supreme Court of North Carolina · 1906
- Bradley v. South & Western Railway Co.Supreme Court of North Carolina · 1907
3Cited by5 opinions
- In Re Will of MuellerSupreme Court of North Carolina · 1915
- Nail v. . BrownSupreme Court of North Carolina · 1909
- Tate v. Standard Mirror Co.Supreme Court of North Carolina · 1914
- Walker v. Cannon Manufacturing Co.Supreme Court of North Carolina · 1911
- Tate v. . Mirror Co.Supreme Court of North Carolina · 1914