Cook v. Manufacturing Co.
Supreme Court of North Carolina
PetitioN by defendants to rebear this case, reported in 182 N. C., 205.
1Opinion of the CourtStacy, J.
This was an action brought by the plaintiff, an employee of the defendants, or one of them, to recover damages for an alleged negligent injury. Tbe defense is tbat of contributory' negligence and tbe “fellow-servant rule.” There is no other plea of assumption of risk. Dorsett v. Mfg. Co., 131 N. C., 261.
Upon trial in tbe Superior Court, there was a judgment as of nonsuit, at tbe close of plaintiff’s evidence, which was entered on the theory that the only negligence shown was that of a fellow-servant, involving no liability of the master. Plaintiff appealed. A new trial was awarded and the…
2Cases cited36 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Northern Pacific Railroad v. PetersonSupreme Court of the United States · 1896
- Pantzar v. . Tilly Foster Iron Mining Co.New York Court of Appeals · 1885
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3Cited by18 opinions
- Diamond v. McDonald Service StoresSupreme Court of North Carolina · 1937
- Crisp v. Champion Fibre Co.Supreme Court of North Carolina · 1927
- Eaker v. . International Shoe Co.Supreme Court of North Carolina · 1930
- Gorham v. . Insurance Co.Supreme Court of North Carolina · 1939
- Riggs Ex Rel. Riggs v. Empire Manufacturing Co.Supreme Court of North Carolina · 1925
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