Laughinghouse v. State ex rel. North Carolina Ports Railway Commission

ARNOLD, Judge.

Plaintiff brings forth two assignments of error, and defendant, one. First we examine defendant’s claim that the Industrial Commission erred by failing to dismiss plaintiff’s claim for lack of subject matter jurisdiction.

Plaintiff was injured on 31 January 1985, while throwing a “pit switch,” a device set in the ground that when operated switches railway traffic from one track to another. This particular switch had been improperly maintained and had become defective. Maintenance personnel had been notified that the switch needed repairing, but no action had been taken.

Throwing a…