LAUGHINGHOUSE v. STATE

No. 9010IC445.

399 S.E.2d 587 (1991)

101 N.C. App. 375

Richard M. LAUGHINGHOUSE, Appellant, v. STATE of North Carolina, ex rel. NORTH CAROLINA PORTS RAILWAY COMMISSION, Appellee.

Court of Appeals of North Carolina.

January 15, 1991.


Attorney(s) appearing for the Case

DeBank, McDaniel, Holbrook & Anderson by William E. Anderson, Raleigh, for plaintiff-appellant.

Johnson & Lambeth by Robert White Johnson and Maynard M. Brown, Wilmington, for defendant-appellee.


ARNOLD, Judge.

Plaintiff brings forth two assignments of error, and defendant, one. First we examine defendant's claim that the Industrial Commission erred by failing to dismiss plaintiff's claim for lack of subject matter jurisdiction.

Plaintiff was injured on 31 January 1985, while throwing a "pit switch," a device set in the ground that when operated switches railway traffic from one track to another. This particular switch had been improperly maintained...

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