Brady v. Standard Oil Co.
This text of 174 S.E. 456 (Brady v. Standard Oil Co.) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The evidence disclosed that the defendant, Standard Oil Company, was not charged with the duty of inspecting and maintaining the appliance causing the death of plaintiff’s intestate. Therefore, the judgment as to it is supported by Merritt v. Power Co., *597 205 N. C., 259, and Bradshaw v. Power Co., 205 N. C., 850. The evidence further showed that the deceased at the time of his death was using the appliance in direct disobedience of positive instruction given by the employer. Consequently, the judgment in favor of the defendant Pritchard is sustained by familiar principles heretofore applied in Burnett v. Roanoke Mills Co., 152 N. C., 35, 67 S. E., 30; Smith v. R. R., 147 N. C., 603, 61 S. E., 575.
Affirmed.
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Cite This Page — Counsel Stack
174 S.E. 456, 206 N.C. 596, 1934 N.C. LEXIS 254, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brady-v-standard-oil-co-nc-1934.