Citation Numbers: 128 S.E. 329, 189 N.C. 840, 1925 N.C. LEXIS 426
Judges: PER CURIAM.
Filed Date: 6/3/1925
Status: Precedential
Modified Date: 10/19/2024
Civil action to recover damages for an alleged negligent injury sustained by plaintiff, an employee of the defendant, on 22 April, 1924, while working as an "off-bearer" around a band saw in the lumber plant of the defendant company.
From a verdict establishing liability, and judgment thereon, the defendant appeals, assigning errors. Defendant assigns as error the following excerpt from the charge: "The court charges you as a matter of law that the duty devolves upon the defendant to furnish the plaintiff a reasonably safe place to work, reasonably safe machinery, appliances, and that they should be operated in a reasonably safe way."
This instruction is in direct conflict with what was said in Owen v.Lumber Co.,
Speaking to the question in Murphy v. Lumber Co.,
It is conceded by the plaintiff that the exception to this instruction is well taken unless the error was cured in other portions of the charge. We do not find that it was so cured. A new trial must be awarded.
New trial.