McInturff v. St. Louis Union Trust Co.
This text of 158 S.E. 547 (McInturff v. St. Louis Union Trust 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 case was properly dismissed, first, upon the ground that the defendants were not responsible to plaintiff for the open elevator *17 shaft (Tucker v. Yarn Mill Co., 194 N. C., 756, 140 S. E., 744; Biggs v. Ferrell, 34 N. C., 1), second, because the negligence of whidb. the plaintiff complains was his own (McLean v. Hardwood Co., 200 N. C., 312; Ingram v. R. R., 181 N. C., 491, 106 S. E., 565), and, third, for the reason that the release signed by plaintiff, in the absence of fraud or mistake, is a bar to his right to recover against the present defendants. Aderholt v. R. R., 152 N. C., 411, 67 S. E., 978; Butler v. Fertilizer Works, 193 N. C., 632, 137 S. E., 813.
Affirmed.
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Cite This Page — Counsel Stack
158 S.E. 547, 201 N.C. 16, 1931 N.C. LEXIS 169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcinturff-v-st-louis-union-trust-co-nc-1931.