Tanner v. Lumber Co.
Supreme Court of North Carolina
ActioN by David Tanner against Prank Hitch and Prank Hitch Lumber Co., heard by Judge Jas. L. Webb and a jury, at the Pall Term, 1905, of the Superior Court of Edgecombe. The plaintiff was employed by the day to haul logs for the defendant.
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ActioN by David Tanner against Prank Hitch and Prank Hitch Lumber Co., heard by Judge Jas. L. Webb and a jury, at the Pall Term, 1905, of the Superior Court of Edgecombe. The plaintiff was employed by the day to haul logs for the defendant. His lodgings provided by the defendant were at Speed, some five miles from the scene of the logging operations. . The defendant transported the plaintiff to and fro daily on his log train, which went to the woods empty in the morning and returned loaded in the evening. On the last return trip in the evening, the plaintiff and other daily laborers rode on…
1Opinion of the Court
Brown, J.,
after stating the case: 1. The contention that the Fellow Servant Act (Revisal, section 2646,) applies to the defendant, the Frank Hitch Lumber Company, cannot be determined, upon the face of the record. The two defendants filed separate answers, and that of the lumber company specifically denies that it owned or operated the logging railroad mentioned in the complaint. The answer of Frank Hitch states that he personally owned and operated the road himself;. No appropriate issues were tendered by the plaintiff or submitted by the court, and consequently this necessary fact is left…
2Cases cited8 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Hicks v. . Manufacturing Co.Supreme Court of North Carolina · 1905
- Ross v. WalkerSupreme Court of Pennsylvania · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Mercer v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
- Pigford v. . R. R.Supreme Court of North Carolina · 1912
- Terrell v. City of WashingtonSupreme Court of North Carolina · 1912
- Crisp v. Champion Fibre Co.Supreme Court of North Carolina · 1927
- Terrell v. . WashingtonSupreme Court of North Carolina · 1912
37 more not listed; retrieve them via the Exa API.