Martin v. Highland Park Mfg. Co.
Supreme Court of North Carolina
ActioN by J. E. Martin against the Highland Park Manufacturing Company, beard by Judge W. 8. O’B. Robinson, at January Term, 1901, of the Superior Court of Mboe-lbNbueg County. Erom a judgment for tbe defendant, the plaintiff appealed.
1Opinion of the CourtCoos, J.
We find no error in the ruling of his Honor in sustaining the motion of the defendant to dismiss the action, as in case of nonsuit, upon demurrer to plaintiff’s evidence. The evidence does not show negligence by defendant or its agent. In endeavoring to put a new “key” in the shaft, in place of the worn or defective one, Webb, the loom-fixer, found it difficult to insert the new one without help. That it did not fit easily was hardly to be expected, from the fact that its proper use required a tight fit in order to do the work properly. The one taken out was working loosely, and for that…
2Cases cited3 opinions
- Georgia Railroad & Banking Co. v. NelmsSupreme Court of Georgia · 1889
- Wachsmuth v. Shaw Electric Crane Co.Michigan Supreme Court · 1898
- Cole v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
3Cited by57 opinions
- Mercer v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
- Swaim v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1919
- Luttrell v. . HardinSupreme Court of North Carolina · 1927
- Simpson v. Southern Railway Co.Supreme Court of North Carolina · 1910
- Sztaba v. Great Northern Railway Co.Montana Supreme Court · 1966
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