Embler v. Gloucester Lumber Co.
Supreme Court of North Carolina
Appeal by defendant from Webb, J., at October Term, 1914, of HeN-DERSON. These were civil actions consolidated and tried by consent at September Term, 1914, of the Superior Court of Henderson County. The actions were brought for the purpose of recovering damages for the alleged negligent killing of plaintiffs’ intestates, which was caused by the falling of the wall of a dry-kiln of the defendant.
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Appeal by defendant from Webb, J., at October Term, 1914, of HeN-DERSON. These were civil actions consolidated and tried by consent at September Term, 1914, of the Superior Court of Henderson County. The actions were brought for the purpose of recovering damages for the alleged negligent killing of plaintiffs’ intestates, which was caused by the falling of the wall of a dry-kiln of the defendant. It was admitted in the answer and also upon the trial that the intestates were killed by the falling of the wall. The defendant denied the allegations of negligence, pleaded assumption of risks, and…
1Opinion of the Court
Walker, J.,
after stating tbe case: The real and essential question in tbis case is whether Jesse Y. Allen, at tbe time of tbe accident which caused tbe death of plaintiffs’ intestates, was an independent contractor and chargeable with sole responsibility therefor.
Tbe defendant requested that several instructions be given to tbe jury which in substance were equivalent to a motion to nonsuit or a peremptory direction to find for tbe defendant. We will so consider them, without reproducing them severally here. If there was evidence that Jesse Y. Allen was not an independent contractor, tbe…
2Cases cited21 opinions
- Chicago City v. RobbinsSupreme Court of the United States · 1863
- Nash v. TowneSupreme Court of the United States · 1867
- Johnson v. . R. R.Supreme Court of North Carolina · 1913
- Casement v. BrownSupreme Court of the United States · 1893
- Philadelphia, Wilmington, & Baltimore Railroad v. Philadelphia & Havre De Grace Steam Towboat Co.Supreme Court of the United States · 1860
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3Cited by11 opinions
- Martin v. Republic Steel Co.Supreme Court of Alabama · 1933
- Norris v. BRYANTSupreme Court of South Carolina · 1950
- Little v. PooleCourt of Appeals of North Carolina · 1971
- Cooper v. GrahamSupreme Court of South Carolina · 1957
- Scales v. . LewellynSupreme Court of North Carolina · 1916
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