Gadsden v. Craft & Co.
Supreme Court of North Carolina
Civil actioN to recover for physical injury to plaintiff, caused by alleged negligence on the part of the defendants, tried before Connor, J., and a jury,- at December Term, 1916, of New Hanoveb.
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Civil actioN to recover for physical injury to plaintiff, caused by alleged negligence on the part of the defendants, tried before Connor, J., and a jury,- at December Term, 1916, of New Hanoveb. There was evidence tending to show that in the fall of 1914 defendants Craft & Co. were engaged in constructing a reinforced concrete bridge over Fourth Street in the city of Wilmington, under a contract with the two defendant railroads, and that'on 27 November, 1914, plaintiff, while engaged as an employee in said work, was injured by the fall of a scaffold on which he was placed in the course of…
1Opinion of the CourtHoke, J.
Plaintiff objects to the validity of the judgment of non-suit for the reasons (1) that under the terms of the written agreement Craft & Co. were not independent contractors; (2) that the work in which they were engaged was inherently dangerous, .and that the position of independent contractor could in no event be maintained for the benefit of the appellees.
On the record we see nothing to justify the position that the work was inherently dangerous, and the objection made upon that ground must be disallowed. Scales v. Llewellyn, 172 N. C., 494. ¥e are of opinion, however, that under the written…
2Cases cited6 opinions
- Denny v. City of BurlingtonSupreme Court of North Carolina · 1911
- Harmon v. Ferguson Contracting Co.Supreme Court of North Carolina · 1912
- Smith v. SimmonsSupreme Court of Pennsylvania · 1883
- Hopper v. S. S. Ordway & SonsSupreme Court of North Carolina · 1911
- Johnson v. Carolina, Clinchfield & Ohio RailroadSupreme Court of North Carolina · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Aderholt v. . CondonSupreme Court of North Carolina · 1925
- Scott v. Waccamaw Lumber Co.Supreme Court of North Carolina · 1950
- Greer v. . Construction Co.Supreme Court of North Carolina · 1925
- McCraw v. Calvine Mills, Inc.Supreme Court of North Carolina · 1951
- Drake v. City of AshevilleSupreme Court of North Carolina · 1927
9 more not listed; retrieve them via the Exa API.