Carbury v. Eastern Nut and Bolt Company
Carbury v. Eastern Nut and Bolt Company
Opinion of the Court
This action was brought to recover for injuries suffered by the plaintiff from a fall' in the manufactory of the defendant, where he was employed.
His own description of the accident is as follows: "When the whistle blew in the engine room I started out with parties and went up to wash at the sink; after I got through washing I turned around to go back to the tool room to get my towel where my coat hung, and as I turned away from the sink I took about one step and the lights went out and I hesitated a~ moment-I knew the rail was there-I lifted my foot to get over it and I thought I had stepped over it, but my toe caught and I stumbled and fell on my hands and leg. I don't remember whether it was two or three boxes, they set up eighteen inches from the floor, and I fell down on them. I got up and stayed there first for about half a minute and then I went ou~ through the aisle and down to the tool room, and when I got to the tool room I looked at my leg and it was skinned, bleeding a little, so I showed it and told the fellows about it, two more there, and they commenced to laugh at me because I stumbled, and two of us came out and got the car home."
The verdict for the defendant was properly directed.
The petition for a new trial is denied, and the cause is remitted to the Common Pleas Division for judgment on the verdict.
Reference
- Full Case Name
- Maurice W. Carbury v. Eastern Nut and Bolt Company.
- Status
- Published