The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-04-15
Grafton of the appeal have been lost, the
supreme court will order a new trial.

Grafton of the appeal have been lost, the
supreme court will order a new trial
LLOYD VS.. HANES AFFIRMED.
An employe in factory who operates
machine which is lacking in safety APP
pllances in general use, does not thereby
make an assumption of risk which re-
leases the employer from liability in the
event of injury resulting from the alb
sence OF such safety appliances. 1t is
only where a machine is so grossly or
clearly defective that the employe must
know OF the extra risk; that he can be
deemed to have voluntarily and know
ingly assumed it, or where a particular
machine has become injured or danger
Gus and the emplOye sees the danger, but
does not report it. Sims VS. Lindsay, 122
y. c. 67S.
1t is not negligence in the employer in
such case to fail TO provide improved
appliances which are not in general use.
Witsell VS.. r. Co. 120 N. c. 557
ROBINSON VS.. INGRAM. NEW TRIAL.
In 1866 w. H. Robinson conveyed his
real and personal property, including
600 acre tract of land by deed to his
sons, W. F. and j. l.. Robinson, in trust
as follows: That the trustees take and
manage the property and out of the pro-
ceeds support the grantor and his wife
during their lives, and after their deaths
divide it equally among the grantor's
children, and support and maintain his
son who was incapable of managing for
himself, and educate and act as guardian
for another son of the grantor until he
arrived at lawful age; and that if any
part of this trust was violated the con-
veyance should be void and the proper
ty revert to the grantor; held
/. That the conveyance was deed and
not will, and that the title passed alb
solutely thereby, and the clause provid-
ing that in the event of violation of
the trust the property should revert to
the grantor was only a covenant.
2. That a subsequent levy upon the
land and sale thereof by the sheriff under
executions against w H. Robinson, the
grantor, were void.
g. The description in the conveyance,
aided by the allegation in the complaint
referring definitely to a complete descrip-
tion in the office of the Register of
Deeds. and not denied in the answer, is
sufficient.
CRUDUP VS.. THOMAS. AFFIRMED.
The land of A. D. Crudup was sold by
assignee in bankruptcy and bought by A.
Z. Crupup, who afterwards died leaving
a will in which he devised all of his
estate including the land purchased at
the bankrupt sale, to his wife for life to
be held by her for her own use and the
use of the testator's children. There
after an action was brought by A. II.
Crudup to subject the land to the per-
Torrance of parol trust, and it was
decreed that the land had been bought
by E. A. Crudup in trust for the satisfac-
tiCn of the purchase price and certain
Indebtedness due a. e. Crudup by A. D-
Crudup--the entire amount thereof being
subsequently ascertained by reference,
and for which judgment was entered
against a. d. Crudup in favor of the wife
and children of A. E. Crudup, who were
defendants in the action to subject the
land to the parol trust, and it was or
dered that the land be sold to satisfy the
judgment. This judgment was afterwards
assigned by the son of Mrs. A. E. Crudup.
who was agent in the management OF her
property for agricultural supplies to be
used in cultivatng land for the support
Of herself and children. The land was
afterwards sold under the judgent and
purchased by the assignee of the SON.
Held that as the only interest of E. A.
Crudup in the land was the security it
afforded him for the debt due him by A.
d. Crudup-his interest being substan-
TALLY that of mortgagee-his devises
took the land subject to the same con-
ditions The assignment by the son, as
aforesaid, Of the judgment representing
this debt. cannot legally affect the title
acquired by the assignee of the Judgment
by his purchase at the sale Hereunder.
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tie Early Risers. These famous little
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