Wooten v. . Holleman
Supreme Court of North Carolina
Appeal -by plaintiff from Cline, J., at September Term, 1915, of Eobsyth. Civil action to recover damages for personal injuries alleged to bave been caused by tbe negligence of tbe defendant. Tbe defendant James W. Dunnegan, a building contractor, was employed by bis codefendant, Charles E. Holleman, to build a bouse for bim, wbicb was to be a turn-key job. In order to do a part of tbe work it became necessary to erect scaffolding on one side of tbe bouse.
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Appeal -by plaintiff from Cline, J., at September Term, 1915, of Eobsyth. Civil action to recover damages for personal injuries alleged to bave been caused by tbe negligence of tbe defendant. Tbe defendant James W. Dunnegan, a building contractor, was employed by bis codefendant, Charles E. Holleman, to build a bouse for bim, wbicb was to be a turn-key job. In order to do a part of tbe work it became necessary to erect scaffolding on one side of tbe bouse. Dun-negan employed plaintiff as one of bis workmen and instructed bim and M. L. Miller, another of bis employees, to build tbe scaffold,…
1Opinion of the Court
"Walker, J.,
after stating tbe case: Tbe exceptions in tbis ease were taken to tbe refusal of the court to give two requests for instructions, and to portions of tbe charge. Tbe instructions asked by tbe plaintiff are too narrow, as they omit tbe important element as to whether tbe failure of tbe defendants to furnish a safe place in which tbe plaintiff could perform bis work was due to their negligence. Tbe exceptions are predicated generally upon tbe assumption that tbe master must furnish a reasonably safe place to bis servant for tbe doing of bis work and reasonably safe appliances, in tbe…
2Cases cited13 opinions
- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Gardner v. Michigan Central RailroadSupreme Court of the United States · 1893
- Pigford v. . R. R.Supreme Court of North Carolina · 1912
- Witsell v. . R. R.Supreme Court of North Carolina · 1897
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3Cited by6 opinions
- Pigford v. . R. R.Supreme Court of North Carolina · 1912
- Witsell v. . R. R.Supreme Court of North Carolina · 1897
- Patterson v. . NicholsSupreme Court of North Carolina · 1911
- West v. . Tanning Co.Supreme Court of North Carolina · 1910
- Steele v. . GrantSupreme Court of North Carolina · 1914
1 more not listed; retrieve them via the Exa API.