Aiken v. Rhodhiss Manufacturing Co.
Supreme Court of North Carolina
Civil actioN, tried before Guión, J., and a jury, .at June Term, 1907, of the Superior Court of Buaios County. Action for damages for personal injury sustained by plaintiff while in the employment of defendant corporation. ■ Plaintiff, about sixteen years of age, while in the discharge of his duties as employee of defendant company, fell from a platform 6 feet wide, 14 feet long and about 18 feet from the ground.
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Civil actioN, tried before Guión, J., and a jury, .at June Term, 1907, of the Superior Court of Buaios County. Action for damages for personal injury sustained by plaintiff while in the employment of defendant corporation. ■ Plaintiff, about sixteen years of age, while in the discharge of his duties as employee of defendant company, fell from a platform 6 feet wide, 14 feet long and about 18 feet from the ground. The platform extended from a door in the cloth room, leading to a side track of the railroad at a point opposite a short platform of similar width extending from the cloth or store…
1Opinion of the Court
CONNOR, J.,
after stating the case: We concur in his Honor’s ruling on the motion for judgment of nonsuit. There was ample evidence of negligence on the part of defendant in failing to provide a reasonably safe way for plaintiff to perform the service required of him. The failure to provide the platform or gangway with a railing approaches very closely to negligence per se; it clearly justified the jury in finding that it was dangerous. We also concur with the instruction given in regard to the alleged assumption of risk. If the plaintiff had for any appreciable length of time used the…
2Cases cited2 opinions
- Myers v. Lumber Co.Supreme Court of North Carolina · 1901
- Lowe v. . ElliottSupreme Court of North Carolina · 1891
3Cited by16 opinions
- Shelton v. Southern Railway Co.Supreme Court of North Carolina · 1927
- Ledford v. Valley River Lumber Co.Supreme Court of North Carolina · 1922
- Fanelty v. Rogers Jewelers, Inc.Supreme Court of North Carolina · 1949
- Tyson Ex Rel. Tyson v. Long Manufacturing Co.Supreme Court of North Carolina · 1959
- Mintz v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1952
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