Legal Opinion

Taylor v. Cranberry Iron & Coal Co.

Supreme Court of North Carolina

Decided February 5, 1886PublishedCited by 49 opinions

Civil action, tried before Avery, Judge, at Fall Term, 1885, of the Superior Court of Mitchell county. This action was begun on the second day of November, 1883. The plaintiff alleges in the complaint, that she is the widow of Nelson Taylor, deceased ; that in his life time, her said late husband was employed by the defendant to work in its iron mine, and while so at work on the 13th day of August, 1881, he was killed by the falling in of a large mass of stone, in the tunnel…

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Civil action, tried before Avery, Judge, at Fall Term, 1885, of the Superior Court of Mitchell county. This action was begun on the second day of November, 1883. The plaintiff alleges in the complaint, that she is the widow of Nelson Taylor, deceased ; that in his life time, her said late husband was employed by the defendant to work in its iron mine, and while so at work on the 13th day of August, 1881, he was killed by the falling in of a large mass of stone, in the tunnel way, occasioned by the alleged carelessness, neglect and wrongful act of the defendant, in failing to properly guard…

1Opinion of the CourtMeejRIMON, J.

(after stating the facts). The action is brought under The Code, §1498, which provides, that “whenever the death of a person is caused by a wrongful act, neglect or default of another, such as would, if the injured party had lived, have entitled him to an action for damages therefor, the person or corporation that would have been so liable, and his or their executors, administrators, collectors or successors, shall be liable to an action for damages, to be brought within one year after such death, by the executor, administrator or collector of the decedent; and this nothwithstauding the…

2Cited by49 opinions

  1. Bolick v. American Barmag Corp.Supreme Court of North Carolina · 1982
  2. Guillory v. Avoyelles Railway Co.Supreme Court of Louisiana · 1900
  3. Rodman v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1902
  4. Lambert v. Ensign Manuf'g Co.West Virginia Supreme Court · 1896
  5. Bartlett v. ManorIndiana Supreme Court · 1897

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