Gaither v. E. H. Clement Co.
Supreme Court of North Carolina
Appeal by defendant from Wébb, J., at November Term, 1921, of G-uileobd. Plaintiff alleged that he was injured by the negligence of the defendant. Defendant denied negligence, and pleaded plaintiff’s contributory negligence and assumption of risk. The issues of negligence, contributory negligence, assumption of risk, and damages were answered in favor of the plaintiff.
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Appeal by defendant from Wébb, J., at November Term, 1921, of G-uileobd. Plaintiff alleged that he was injured by the negligence of the defendant. Defendant denied negligence, and pleaded plaintiff’s contributory negligence and assumption of risk. The issues of negligence, contributory negligence, assumption of risk, and damages were answered in favor of the plaintiff. The plaintiff’s statement of facts is substantially as follows: “The plaintiff, at the time of his injury, was in the employ of the defendant as a carpenter, having had no experience in concrete work. The defendant was engaged…
1Opinion of the CourtAdams, J.
The complaint states four phases of the defendant’s alleged negligence, but at the trial the plaintiff relied mainly on the asserted negligent failure to provide for him a suitable drill and a safe place in which to work. After the plaintiff’s witnesses had testified, the defendant, declining to offer evidence, made a motion to dismiss the action as in case of nonsuit. In support of the motion it now insists (1) that the injury was an accident; (2) that even if the general rule prescribing the employer’s duty as to furnishing implements applies where the tools are of simple construction,…
2Cases cited30 opinions
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
- Washington & Georgetown Railroad v. McDadeSupreme Court of the United States · 1890
- Gardner v. Michigan Central RailroadSupreme Court of the United States · 1893
- Martin v. Highland Park Mfg. Co.Supreme Court of North Carolina · 1901
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3Cited by12 opinions
- Murray v. . R. R.Supreme Court of North Carolina · 1940
- Mintz v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1951
- Craver v. Franklin Cotton Mills, Inc.Supreme Court of North Carolina · 1928
- Murray v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1940
- Bradford v. EnglishSupreme Court of North Carolina · 1925
7 more not listed; retrieve them via the Exa API.