James v. Farmers Peanut Co.

151 S.E. 728, 198 N.C. 380, 1930 N.C. LEXIS 351

• Court: Supreme Court of North Carolina
• Decided: February 19, 1930
• Status: Published

Opinion

Pee Cubiam.

Tbe evidence offered by plaintiff at tbe trial of tbis action fails to show a breach by defendant of any duty which tbe defendant owed to tbe plaintiff. Plaintiff was not an employee of defendant; be was tbe employee of an independent contractor, who bad undertaken by bis contract with defendant to paint a building owned by defendant. Plaintiff was injured while at work as tbe employee of tbe independent contractor.

Tbe general rule that tbe eontractee is not liable for injuries to employees of an independent contractor, where such injuries are caused by tbe negligence of tbe latter, is applicable to tbe facts shown by tbe evidence in tbe instant case. 39 C. J., 1341. Upon these facts, exceptions to tbis rule, recognized and applied in Paderick v. Lumber Co., 190 N. C., 308, 130 S. E., 29, and in Greer v. Const. Co., 190 N. C., 632, 130 S. E., 739, are not applicable. There is no error in tbe judgment.

Affirmed.