{
  "id": 8626103,
  "name": "PERRY KILLIAN v. WILSON CREEK QUARRY CO.",
  "name_abbreviation": "Killian v. Wilson Creek Quarry Co.",
  "decision_date": "1926-12-08",
  "docket_number": "",
  "first_page": "672",
  "last_page": "672",
  "citations": [
    {
      "type": "official",
      "cite": "192 N.C. 672"
    }
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  "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": [
    {
      "cite": "161 N. C., 39",
      "category": "reporters:state",
      "reporter": "N.C.",
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        11269599
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      "cite": "161 N. C., 39",
      "category": "reporters:state",
      "reporter": "N.C.",
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        11269599
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  "last_updated": "2023-07-14T21:52:38.190415+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "PERRY KILLIAN v. WILSON CREEK QUARRY CO."
    ],
    "opinions": [
      {
        "text": "Stacy, C. J.,\nafter stating the case: Reversed on authority of Cook v. Furnace Co., 161 N. C., 39.\nReversed.",
        "type": "majority",
        "author": "Stacy, C. J.,"
      }
    ],
    "attorneys": [
      "Squires & Whisnant for plaintiff.",
      "No counsel appearing for defendant."
    ],
    "corrections": "",
    "head_matter": "PERRY KILLIAN v. WILSON CREEK QUARRY CO.\n(Filed 8 December, 1926.)\nNegligence \u2014 Master and Servant \u2014 Evidence\u2014Safe Place to Work \u2014 \u201cDangerous Employment \u2014 Blasting.\nEvidence that the foreman of the defendant failed to perform his duty to reasonably discover that all the dynamite loaded in drills for blasting had exploded, in the absence of the employee, and that plaintiff was injured by one of them unexpectedly exploding under circumstances not reasonably to have been anticipated by him, is sufficient to take the ease to the jury upon the issue of defendant\u2019s actionable negligence, and deny its motion as of nonsuit. Ooolc v. Furnace Oo., 161 N. C., 39, cited as controlling.\nAppeal by plaintiff from Lane, J., at May Term, 1926, of Caldwell.\nCivil action to recover damages for an alleged negligent injury.\nOn 28 June, 1924, the plaintiff, while in the employ of the defendant at its rock quarry in Caldwell County, spent the forenoon, as usual, drilling holes in large boulders preparatory to blasting. At noon, as was the custom, the holes were loaded with dynamite and exploded by other employees. It was their duty, or the duty of the foreman, Mr. Rhodes, to examine the rocks for unexploded dynamite before plaintiff went back to drilling in the afternoon. This was not done, or at least soon after the plaintiff began drilling other holes, following the noon blast, he struck an unexploded dynamite cap, which he could not see, and was severely injured.\nOn motion of the defendant, made at the close of plaintiff\u2019s evidence, the court entered judgment as in case of nonsuit, from which the plaintiff appeals.\nSquires & Whisnant for plaintiff.\nNo counsel appearing for defendant."
  },
  "file_name": "0672-01",
  "first_page_order": 746,
  "last_page_order": 746
}