Jones v. D. L. Taylor & Co.
Supreme Court of North Carolina
Civil aotioN, tried before Kerr, Jand a - jury, at October Term, 1919, of Carteret. Plaintiff alleged tbat in March, 1917, be was employed by tbe defendant as a laborer, and was assigned to tbe work of “boobing stone” by using grab-irons to fasten to tbe stone so as to move them or lift them up.
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Civil aotioN, tried before Kerr, Jand a - jury, at October Term, 1919, of Carteret. Plaintiff alleged tbat in March, 1917, be was employed by tbe defendant as a laborer, and was assigned to tbe work of “boobing stone” by using grab-irons to fasten to tbe stone so as to move them or lift them up. Tbe work was being done at pier No. 1, Morebead City, where tbe stone was unloaded from tbe cars and placed on barges to be taken to Cape Lookout, where defendants were engaged in constructing a breakwater for tbe Government. Plaintiff was placed under tbe authority of Mr. Armstrong, who was tbe…
1Opinion of the Court
Walker, J.,
after stating the case as above: The court properly denied the motion for nonsuit. There was, at least, conflicting evidence upon the issues as to negligence, and this carried the case to the jury. If the plaintiff had been doing his work in a safe way, and defendant ordered him to do it in an unsafe way, with a threat to discharge him if he refused, and by reason of this negligent order he entered upon the work, which was dangerous, and was injured without his fault, he can recover his damages. It is the duty of the master not to' expose his servant to unnecessary dangers while in…
2Cases cited11 opinions
- Hicks v. . Manufacturing Co.Supreme Court of North Carolina · 1905
- Marks v. Cotton Mills.Supreme Court of North Carolina · 1904
- Brewster v. Elizabeth City.Supreme Court of North Carolina · 1905
- McLamb v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1898
- McNeill v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1914
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Crisp v. Hanover Thread Mills, Inc.Supreme Court of North Carolina · 1925
- McCord v. . Harrison-Wright Co.Supreme Court of North Carolina · 1930
- Medford v. Rex Spinning Co.Supreme Court of North Carolina · 1924