Smith v. Wilmington & Weldon Railroad
Supreme Court of North Carolina
Civil AottoN to recover damages for personal injury sustained in obeying orders by the plaintiff, an employee of the defendant company, tried before Adams, J., at June Special Term, 1898, of Sampsott Superior Court.
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Civil AottoN to recover damages for personal injury sustained in obeying orders by the plaintiff, an employee of the defendant company, tried before Adams, J., at June Special Term, 1898, of Sampsott Superior Court. The allegation of the plaintiff was that he and a fellow workman were engaged in cutting a “break beam” by “blocking” which was the usual and safe way, they were suddenly required, a slug or chip severed by the cold-chisel and ham-that mode, and to cut and prepare said “brakesbeam” by “chipping,” an unnecessary and dangerous method. They obeyed at once, but immediately upon…
1Opinion of the CourtMontgomery, J.
This action was brought by the plaintiff to recover damages against the defendant company for a personal injury sustained by the plaintiff while in the performance of work for the defendant, which the plaintiff •alleges was dangerous, and the character of which was unknown to him at the time he sustained the injury.
On the issues of damages his Honor instructed the jury that if the plaintiff was entitled to recover at all, he was entitled to recover such damages as would compensate him for the loss •of his time, for the money paid out by him for medical attention, for the physical pain he had…
2Cited by5 opinions
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