Allen v. Brown Bros. Lumber Co.

107 S.E. 310, 181 N.C. 505, 1921 N.C. LEXIS 129

• Court: Supreme Court of North Carolina
• Decided: May 18, 1921
• Status: Published

Opinion

Pee Cubiam.

After a careful examination of the record we have discovered no evidence upon which the defendant may be held liable as for a negligent breach of duty.

A perusal of our decisions will show that in order for liability to attach, in a case of simple, ordinary, everyday employment and where the laborer is allowed to exercise bis own judgment as to bow tbe work should be done, it must appear, among other things, that the injury has resulted from some omission or defect which the employer is required to fulfill or remedy, in the proper and reasonable discharge of his duties, and that the omission or defect complained of and made the basis of the charge is of a kind from which some appreciable and substantial', injury might be expected to occur when tested by the standard of reasonable prudence and foresight. Winborne v. Cooperage Co., 178 N. C., 88, and cases cited.

We are unable to find any error in the judgment of nonsuit.

Affirmed.