Supreme Court of North Carolina, 1931

McInturff v. St. Louis Union Trust Co.

McInturff v. St. Louis Union Trust Co.
Supreme Court of North Carolina · Decided May 20, 1931 · Stacy
158 S.E. 547; 201 N.C. 16; 1931 N.C. LEXIS 169 (South Eastern Reporter)
McInturff v. St. Louis Union Trust Co.

Cases that cite this one

6 later published cases cite this decision.

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Opinion of the Court

Stacy, C. J.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.