McDougald v. Town of Lumberton
Supreme Court of North Carolina
ActioN by Evander McDougald against tbe Town of Lum-be'rton, beard by Judge Frederick Moore and a jury, at February Term, 1901, of tbe Superior Court of Robeson County. From a judgment for tbe defendant, tbe plaintiff appealed.
1Opinion of the CourtMontuomeby, J.
Tbe plaintiff was employed by tbe defendant in tbe excavation of eartb for sewerage purposes in tbe town of Lumberton, and was injured by tbe falling in upon him of earth from tbe top of tbe ditch. Tbe excavation was about fourteen feet deep, four feet wide at tbe bottom, and twenty feet wide at tbe top, as we understand tbe dimensions of it from tbe evidence.
Tbe plaintiff was injured while at work at tbe bottom of tbe ditch, where there was quick-sand. As tbe quick-sand would be baled out with buckets, other quantities of it would come out from under tbe bank. Tbe plaintiff, in bis complaint…
2Cases cited2 opinions
- Hinshaw v. Raleigh & Augusta Air Line R. R.Supreme Court of North Carolina · 1896
- Gregory v. . ForbesSupreme Court of North Carolina · 1886
3Cited by1 opinion
- Darden v. Robert G. Lassiter & Co.Supreme Court of North Carolina · 1930