Tillett v. Norfolk Southern Railroad
Supreme Court of North Carolina
Appeal by defendant from Ferguson, J., at January Term, 1914, of CTJRRITtrCK. This is an action to recover damages for personal injury caused, as the plaintiff alleges, by the negligence of the defendant in failing to furnish a sufficient force of hands to do the work in which the plaintiff was engaged at the time of his injury.
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Appeal by defendant from Ferguson, J., at January Term, 1914, of CTJRRITtrCK. This is an action to recover damages for personal injury caused, as the plaintiff alleges, by the negligence of the defendant in failing to furnish a sufficient force of hands to do the work in which the plaintiff was engaged at the time of his injury. The plaintiff testified as follows: “In May, 1911, I was working on the Norfolk Southern Railroad at Snowden in this county, and was loading 30-foot iron rails on flat cars. The flat car was 4% feet from the ground. The rails were lying down by the side of the track.…
1Opinion of the CourtAlleN, J.
In the case of Pigford v. R. R., 160 N. C., 93, in which the evidence was very much like that in this case, Asso-. date Justice Walker delivers a comprehensive and learned opinion which covers all of the exceptions of the defendant as. to negligence, assumption of risk, and contributory negligence, and further discussion of these questions here is unnecessary.
The ease of Bryan v. R. R., 128 N. C., 387, relied on by the defendant, is not in point, because in that case there was no evidence of failure to furnish a sufficient force of hands, and it: was because of failure to produce such…
2Cases cited4 opinions
- Pigford v. . R. R.Supreme Court of North Carolina · 1912
- Bryan v. . R. R.Supreme Court of North Carolina · 1901
- Luttrell v. . MartinSupreme Court of North Carolina · 1893
- King v. . BlackwellSupreme Court of North Carolina · 1887
3Cited by12 opinions
- Shelton v. Southern Railway Co.Supreme Court of North Carolina · 1927
- California Fruit Exchange v. HenryDistrict Court, W.D. Pennsylvania · 1950
- State v. . HudsonSupreme Court of North Carolina · 1940
- State v. . WilliamsSupreme Court of North Carolina · 1941
- Edwards v. National Council, Junior Order United American Mechanics Beneficiary DegreeSupreme Court of North Carolina · 1941
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