Isley v. . Bridge Co.
Supreme Court of North Carolina
Aotiost by Warren W. Isley, by bis next friend, against Virginia Bridge and Iron Go., beard by Judge' G. W. Ward and a jury, at tbe September Term, 1905, of tbe Superior Court of Alamance. Action to recover damages for personal injury received by tbe plaintiff while in tbe employ of the defendant.
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Aotiost by Warren W. Isley, by bis next friend, against Virginia Bridge and Iron Go., beard by Judge' G. W. Ward and a jury, at tbe September Term, 1905, of tbe Superior Court of Alamance. Action to recover damages for personal injury received by tbe plaintiff while in tbe employ of the defendant. Tbe court submitted tbe following issues: 1. Was tbe plaintiff injured by tbe negligence of tbe defendant as alleged ? Ans. 'No. 2. What damage has tbe plaintiff sustained thereby? From tbe judgment rendered, plaintiff appealed.
1Opinion of the CourtBrown, J.
Tbe uncontradicted evidence shows that tbe plaintiff was injured while working in tbe defendant’s mills assisting tbe foreman in moving a heavy piece of iron, weighing about twelve hundred pounds. Tbe piece of iron was suspended by chains from an overhead trolley, by which it could be moved. One of tbe chains broke and a piece of it fell on tbe plaintiff’s leg and broke it. Tbe chain broke in tbe middle suddenly and gave way all at once.
1. Counsel for the plaintiff in beginning bis address to the jury insisted that tbe doctrine of res ipsa loquitur applied. His Honor ruled that it did not.…
2Cases cited1 opinion
- Lyles v. Carbonating Co.Supreme Court of North Carolina · 1905
3Cited by12 opinions
- Thomas v. Motor LinesSupreme Court of North Carolina · 1949
- Lamb v. . BoylesSupreme Court of North Carolina · 1926
- Young v. Anchor Co.Supreme Court of North Carolina · 1954
- Austin v. Southern Railway Co.Supreme Court of North Carolina · 1929
- Thomas v. Thurston Motor Lines, Inc.Supreme Court of North Carolina · 1949
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