Lowe v. . Elliott
Supreme Court of North Carolina
This was a civil ACTION, tried before Philips, J., at the Spring Term, 1890, of Catawba Superior Court. It was in evidence that the defendants were manufacturers of-furniture, operating a large factory and much machinery, in the city of Charlotte, North Carolina, on the 13th day of September, 1888, and that on that day the plaintiff, who is a painter, was at work on the second floor of defendants' building above the machinery, in what is known as the finishing department,…
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This was a civil ACTION, tried before Philips, J., at the Spring Term, 1890, of Catawba Superior Court. It was in evidence that the defendants were manufacturers of-furniture, operating a large factory and much machinery, in the city of Charlotte, North Carolina, on the 13th day of September, 1888, and that on that day the plaintiff, who is a painter, was at work on the second floor of defendants' building above the machinery, in what is known as the finishing department, under one Britt, who had contracted to finish defendants’ furniture. Directly under the floor upon which plaintiff was at…
1Opinion of the Court
Shei’HERd, J.:
Under the view which we have taken of this case it is unnecessary to pass upon the alleged inconsistencies in the findings of the jury, and all of the objections urged against the rulings of his Honor.
In view of the findings upon the second and sixth issues, it was necessary for the plaintiff to have the fourth issue found in his favor, and to this end he was permitted, against the objection of the defendants (for the purpose of showing negligence by running the “cutter-head” at an excessive speed), to prove that, after the accident, the defendants substituted another…
2Cases cited2 opinions
- Dougan v. . Champlain Transportation Co.New York Court of Appeals · 1873
- Baird v. . DalyNew York Court of Appeals · 1877
3Cited by22 opinions
- Shelton v. Southern Railway Co.Supreme Court of North Carolina · 1927
- Ledford v. Valley River Lumber Co.Supreme Court of North Carolina · 1922
- Fanelty v. Rogers Jewelers, Inc.Supreme Court of North Carolina · 1949
- Shaw v. North Carolina Public-Service Corp.Supreme Court of North Carolina · 1915
- Georgia Southern & Florida Railway Co. v. CartledgeSupreme Court of Georgia · 1902
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