DEAVER v. DEAVER

No. 92.

72 S.E.2d 225 (1952)

236 N.C. 186

DEAVER v. DEAVER.

Supreme Court of North Carolina.

September 17, 1952.


Attorney(s) appearing for the Case

J. M. Baley, Jr. and Charles E. Mashburn, Marshall, for plaintiff appellant.

A. E. Leake, Marshall, and J. W. Haynes, Asheville, for defendant appellee.


BARNHILL, Justice.

Decision of the question presented on this appeal may rest upon the assumption that defendant was guilty of negligence in the manner in which he maintained and operated his saw and in permitting sawdust and scraps of lumber to accumulate around the saw bench, and that plaintiff occupied the position of an invitee or servant. Even so, the evidence offered, considered in the light most favorable to plaintiff, fails to make out a case for the jury...

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