Legal Opinion

Ensley v. Sylva Lumber & Manufacturing Co.

Supreme Court of North Carolina

Decided May 27, 1914PublishedCited by 3 opinions

Appeal by defendant from Ferguson, Jat October Term, 1913, of JacksoN. Action to recover damages for injuries alleged to have been caused by defendant’s negligence. Plaintiff, at tbe time 16 or 17 years old, was employed by defendant, witb tbe j>romise of tbe manager that be should work outside tbe mill in a safe place.

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Appeal by defendant from Ferguson, Jat October Term, 1913, of JacksoN. Action to recover damages for injuries alleged to have been caused by defendant’s negligence. Plaintiff, at tbe time 16 or 17 years old, was employed by defendant, witb tbe j>romise of tbe manager that be should work outside tbe mill in a safe place. He was ordered to go inside tbe mill and tail tbe moulder, wbicb appears to be a dangerous machine to one not familiar witb its construction and operation, and was severely injured tbe next day by having bis band caught in tbe knives of the moulder. Plaintiff testified: “I am…

1Opinion of the Court

Waleer, J.,

after stating the ease: The plaintiff alleges that he was young and inexperienced, not having worked in a mill before; that for this reason his father had requested the defendant to give him work to do outside the machinery room, which the latter promised to do, but which it failed to do, but, on- the contrary, he was ordered to work in the building and was required to tail at a moulding machine, which means that he had to receive the lumber from the moulder after it was dressed by being passed through it. In operating the machine and doing the work of tailing, it was proper and…

2Cases cited8 opinions

  1. Railroad Company v. FortSupreme Court of the United States · 1874
  2. Leathers v. Blackwell Durham Tobacco Co.Supreme Court of North Carolina · 1907
  3. Dorsett v. Clement-Ross Manufacturing Co.Supreme Court of North Carolina · 1902
  4. Holton v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1910
  5. Marks v. Cotton Mills.Supreme Court of North Carolina · 1905

3 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Boswell v. Whitehead Hosiery MillsSupreme Court of North Carolina · 1926
  2. Turner v. . Lumber Co.Supreme Court of North Carolina · 1896
  3. Boswell v. . Hosiery MillsSupreme Court of North Carolina · 1926

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