{
  "id": 8632183,
  "name": "L. L. HEATON v. MURPHY COAL & IRON CO.",
  "name_abbreviation": "Heaton v. Murphy Coal & Iron Co.",
  "decision_date": "1926-05-27",
  "docket_number": "",
  "first_page": "835",
  "last_page": "836",
  "citations": [
    {
      "type": "official",
      "cite": "191 N.C. 835"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 183,
    "char_count": 2060,
    "ocr_confidence": 0.459,
    "pagerank": {
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    "sha256": "eb56710f50db109e74d317fbfa8cb182f595b533532d84cd36880a5e3753b36c",
    "simhash": "1:1f20ca133303c69a",
    "word_count": 343
  },
  "last_updated": "2023-07-14T21:52:36.568148+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "L. L. HEATON v. MURPHY COAL & IRON CO."
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nThis was an action for actionable negligence. The defendant sets up as a defense: \u201cThat upon its organization, the plaintiff herein was duly elected and constituted its vice-president and general manager, which position he occupied at the time of the \u2022 accident set forth in the complaint, and as such vice-president and general manager had exclusive charge, control and management of the defendant\u2019s work, employees, business and machinery, and bad full authority to do and perform any and all acts necessary for the proper management of its business, which was that of mining and shipping iron ore.\u201d\nThe plaintiff admits in his testimony that he was vice-president and general manager. Plaintiff was one of the original three stockholders; he, his wife and Scott Litton organized the company. The minutes of the directors\u2019 meeting show: \u201cThe president announces that he has employed as general manager, L. L. Heaton, at a salary of $300.00 per month and this action was unanimously approved by the board of directors.\u201d Plaintiff testified: \u201cYes, I could discharge any man there or get more if I needed them. Yes, while I was in full charge of the job I got my toe injured. . . . Yes, I went to help unload the crusher, and while helping to unload it I got my toe mashed.\u201d\nThe entire evidence, taken in a light most favorable to plaintiff, giving him the benefit of every reasonable intendment and every reasonable inference to be drawn therefrom, we do not think sufficient to be submitted to a jury.\nJudgment affirmed.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "Moody & Moody for plaintiff.",
      "Merrimon, Adams & Adams, M. W. Bell and A. Sail Johnston for defendant."
    ],
    "corrections": "",
    "head_matter": "L. L. HEATON v. MURPHY COAL & IRON CO.\n(Filed 27 May, 1926.)\nMaster and Servant \u2014 Employer and Employee \u2014 Negligence\u2014Management of Work \u2014 Nonsuit.\nA recovery for damages for a negligent, personal injury may not be bad by a manager in charge at the time of the injury, having full control of the defendant corporation\u2019s operations at the time.\nAppeal by plaintiff from Oglesby, J., at March Term, 1926, of Cherokee.\nAffirmed.\nMoody & Moody for plaintiff.\nMerrimon, Adams & Adams, M. W. Bell and A. Sail Johnston for defendant."
  },
  "file_name": "0835-01",
  "first_page_order": 915,
  "last_page_order": 916
}