McInturff v. St. Louis Union Trust Co.

158 S.E. 547, 201 N.C. 16, 1931 N.C. LEXIS 169

Opinion

Stacy, C. J.

The case was properly dismissed, first, upon the ground that the defendants were not responsible to plaintiff for the open elevator shaft (Tucker v. Yarn Mill Co., 194 N. C., 756, 140 S. E., 744; Biggs v. Ferrell, 34 N. C., 1), second, because the negligence of whidb. the plaintiff complains was his own (McLean v. Hardwood Co., 200 N. C., 312; Ingram v. R. R., 181 N. C., 491, 106 S. E., 565), and, third, for the reason that the release signed by plaintiff, in the absence of fraud or mistake, is a bar to his right to recover against the present defendants. Aderholt v. R. R., 152 N. C., 411, 67 S. E., 978; Butler v. Fertilizer Works, 193 N. C., 632, 137 S. E., 813.

Affirmed.