Sledge v. Weldon Lumber Co.
| Decision Date | 06 March 1906 |
| Citation | 53 S.E. 295,140 N.C. 459 |
| Parties | SLEDGE v. WELDON LUMBER CO. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Northampton County; Peebles, Judge.
Action by W. Sledge against the Weldon Lumber Company. From a judgment for plaintiff, defendant appeals. Reversed.
The plaintiff alleged that, being an employé of defendant company, working on a logging train in September, 1904, he was permanently injured by the actionable negligence of the defendant company, and demands damage for his injuries; the negligence imputed to defendant being negligent conduct of the engineer, who was also conductor of the train and who stood towards the plaintiff in the position of vice principal, and, further, by the defective condition of the cars and make-up of the train, for that there were no brakes on the logging cars, which resulted in allowing "slack" in the train to such an extent that it greatly enhanced the danger of employés. The defendant denied all negligence, and claimed there was contributory negligence in that, the plaintiff, who was placed on one of the cars charged with certain duties, went to sleep while the train was in motion, and that his negligence in this respect was the proximate cause of the injury. Issues were submitted to the jury on the question of the defendant's negligence contributory negligence on the part of the plaintiff, and as to damage. There was evidence of the plaintiff tending to support the allegations of the complaint and also evidence tending to support the defense. On a verdict for the plaintiff, there was a motion for a new trial for exceptions noted during the progress of the cause, which was overruled. Judgment for the plaintiff. The defendant excepted and appealed.
E. L Travis and W. E. Daniel, for appellant.
Gay & Midyette and Peebles & Harris, for appellee.
HOKE. J. (after stating the case).
Without adverting to the exceptions noted in determining the first issue, and which may not arise on a second trial, the court is of the opinion that the defendant is entitled to a new trial for errors in the charge on the issue as to contributory negligence and on the issue as to damages.
On the second issue the court charged the jury as follows: "If the plaintiff was asleep, and was thrown off the car by a sudden jerk caused by the negligence of the engineer or by pulling out the slack, and that said slack was the result of having no brakes on the cars, then...
To continue reading
Request your trial
-
Hubbard v. Southern Ry. Co.
...of such person." Young v. E. A. Wood & Co., 196 N.C. 435, 146 S.E. 70; Odom v. Lumber Co., 173 N.C. 134, 91 S.E. 716; Sledge v. Lumber Co., 140 N.C. 459, 53 S.E. 295. tables, it will be observed, are not conclusive, but evidentiary only, and are to be considered in connection "with other ev......
-
Starnes v. Tyson
... ... matters of law as provided by statute on such appeals. See ... Cecil v. Snow Lumber Co., 197 N.C. 81, 147 S.E. 735; ... Hendrix v. High Point, T. & D. R. Co., 202 N.C. 579, 163 ... 129; Odom v. Canfield ... Lbr. Co., 173 N.C. 134, 91 S.E. [226 N.C. 398] 716; ... Sledge v. Weldon Lumber Co., 140 N.C. 459, 53 S.E ... 295. These cases support the judgment of the ... ...
-
Hancock v. Wilson
... ... 129, 131, Brogden, J., speaking for the court, said: ... "In the language of Hoke, J., in Sledge v. Lumber ... Co., 140 N.C. 459, 53 S.E. 295: 'The error here ... consists in making the mortuary ... ...
-
Speight v. Seaboard Air Line Ry.
... ... with the context." Liles v. Lumber Co., 142 ... N.C. 39, 54 S.E. 795. The charge must be taken in its ... entirety and not in ... sustained by authority. Russell v. Steamboat Co., ... 126 N.C. 967, 36 S.E. 191; Sledge v. Lumber Co., 140 ... N.C. 461, 53 S.E. 295 ... It ... would have been ... ...