PRESLEY v. C. M. ALLEN & CO.

No. 24.

66 S.E.2d 789 (1951)

234 N.C. 181

PRESLEY v. C. M. ALLEN & CO., Inc.

Supreme Court of North Carolina.

September 26, 1951.


Attorney(s) appearing for the Case

R. E. Sentelle, W. R. Francis, Waynesville, and Geo. M. Pritchard, Asheville, for plaintiff, appellant.

Harkins, Van Winkle, Walton & Buck, Asheville, for defendant, appellee.


JOHNSON, Justice.

The plaintiff offered evidence tending to show that on and prior to 14 July, 1948, the defendant contractor was and had been engaged in excavating a ditch for the purpose of laying underground cables for the telephone company along Main Street at and near the junction of Adams Street in the Town of Canton, where traffic was heavy. The excavation extended from near the intersection of Main and Adam Streets westerly inside and along the paved portion...

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