{
  "id": 8625690,
  "name": "JOHN MILLER v. GLOBE MANUFACTURING COMPANY",
  "name_abbreviation": "Miller v. Globe Manufacturing Co.",
  "decision_date": "1932-02-17",
  "docket_number": "",
  "first_page": "254",
  "last_page": "255",
  "citations": [
    {
      "type": "official",
      "cite": "202 N.C. 254"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
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    {
      "cite": "69 S. E., 129",
      "category": "reporters:state_regional",
      "reporter": "S.E.",
      "opinion_index": 0
    },
    {
      "cite": "153 N. C., 262",
      "category": "reporters:state",
      "reporter": "N.C.",
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    {
      "cite": "198 N. C., 86",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8597905
      ],
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      "case_paths": [
        "/nc/198/0086-01"
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    {
      "cite": "154 S. E., 311",
      "category": "reporters:state_regional",
      "reporter": "S.E.",
      "opinion_index": 0
    },
    {
      "cite": "199 N. C., 343",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8600423
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      "case_paths": [
        "/nc/199/0343-01"
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    {
      "cite": "153 S. E., 608",
      "category": "reporters:state_regional",
      "reporter": "S.E.",
      "opinion_index": 0
    },
    {
      "cite": "199 N. C., 22",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8594877
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/199/0022-01"
      ]
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  "last_updated": "2023-07-14T22:38:17.445618+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      ". JOHN MILLER v. GLOBE MANUFACTURING COMPANY."
    ],
    "opinions": [
      {
        "text": "Stacy, 0. J.\nPlaintiff\u2019s injury seems to have resulted from one of those unfortunate accidents which was not anticipated and could not have been foreseen in the exercise of a reasonable prevision on the part of the defendant. Therefore, under the principles announced in Goddard v. Desk Co., 199 N. C., 22, 153 S. E., 608, Crisp v. Lumber Co., 199 N. C., 343, 154 S. E., 311, King v. Power Co., 198 N. C., 86, 150 S. E.,711, and Warwick v. Ginning Co., 153 N. C., 262, 69 S. E., 129, the judgment will be upheld.\nAffirmed.",
        "type": "majority",
        "author": "Stacy, 0. J."
      }
    ],
    "attorneys": [
      "Walser & Qasey and Phillips & Bower for plavniiff.",
      "Peacock & Ballon and Biggs & Broughton for defendant."
    ],
    "corrections": "",
    "head_matter": ". JOHN MILLER v. GLOBE MANUFACTURING COMPANY.\n(Filed 17 February, 1932.)\nMaster and Servant C b \u2014 Held; evidence disclosed that injury was from accident that could not have been foreseen, and nonsuit was proper.\nEvidence that the plaintiff\u2019s injury was caused by his stepping on a small dowel pin swept up with other odds and ends on the floor of the manufacturing plant where he was engaged at wort tends to show an injury from an accident which could not have been reasonably foreseen by his employer, and a judgment as of nonsuit will be sustained on appeal.\nAppeal by plaintiff from Shaw, Emergency Judge, at March-April Term, 1931, of Guileokd.\nCivil action to recover damages for an alleged negligent injury, tried in the municipal court of the city of High Point where the case was nonsuited and judgment affirmed on appeal to the Superior Court of Guilford County.\nThe evidence tends to show that plaintiff was employed by the defendant to work in the cabinet room of its manufacturing plant, and on 5 October, 1928, while carrying an arm full of china-closet posts or legs \u2014 each being about four feet long \u2014 he stepped on a dowel pin, a small piece of wood about an inch and one-half long, which caused him to fall and break his leg. There was an accumulation of trash on the floor \u201cjust a little of everything, shavings, dowel pins and just little pieces of stuff that is cut off of furniture/\u2019 which were swept up in piles from all around the room. Plaintiff testified on cross-examination: \u201cThe reason that I stepped on it was not because the dowel pin was so small that I could not see it. I was not looking.\u201d\nFrom a judgment of nonsuit entered at the close of plaintiff\u2019s evidence, he appeals, assigning errors.\nWalser & Qasey and Phillips & Bower for plavniiff.\nPeacock & Ballon and Biggs & Broughton for defendant."
  },
  "file_name": "0254-01",
  "first_page_order": 320,
  "last_page_order": 321
}