Marks v. Cotton Mills.
Supreme Court of North Carolina
ActioN by W. H. Marks against Harriet Cotton Mills, beard by Judge Henry B. Bryan and a jury at the October Term, 1904, of the Superior Court of Dubham: County. This is an action for the recovery of damages for personal injuries. The plaintiff testified that he was 24 years of age, was working for the defendant at Henderson, N. C., October, 1901, was a speeder hand, running an intermediate machine which had cog-wheels on it and was about 15 feet long and five feet high.
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ActioN by W. H. Marks against Harriet Cotton Mills, beard by Judge Henry B. Bryan and a jury at the October Term, 1904, of the Superior Court of Dubham: County. This is an action for the recovery of damages for personal injuries. The plaintiff testified that he was 24 years of age, was working for the defendant at Henderson, N. C., October, 1901, was a speeder hand, running an intermediate machine which had cog-wheels on it and was about 15 feet long and five feet high. There were 25 or 30 machines in the mill about 2 and % feet apart; he was injured in October, 1901; had to run it and get…
1Opinion of the Court
Connor, J.,
after stating the facts: When the plaintiff entered into the defendant’s employment as a speeder hand, for three months thereafter it was the rule of the mill to stop at five o’clock and clean up. The defendant getting short of hands, the plaintiff with other employees was ordered to clean up while running. “The usual custom was to stop while cleaning.” Without much knowledge of the construction and operation of the speeder, it would seem manifest that cleaning while standing still was absolutely safe, whereas doing so while the machine was in motion was more or less dangerous. The…
2Cases cited6 opinions
- Russell v. Carolina Central R. R.Supreme Court of North Carolina · 1896
- Marks v. Cotton Mills.Supreme Court of North Carolina · 1904
- Lloyd v. P. H. Hanes & Co.Supreme Court of North Carolina · 1900
- Mahoney v. DoreMassachusetts Supreme Judicial Court · 1892
- Sims v. . LindsaySupreme Court of North Carolina · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Rase v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1909
- Holton v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1910
- Howard v. . WrightSupreme Court of North Carolina · 1917
- Smith v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1921
- Norris v. Holt-Morgan MillsSupreme Court of North Carolina · 1911
10 more not listed; retrieve them via the Exa API.