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WALDRUP v. CARVER

No. 92.

83 S.E.2d 663 (1954)

240 N.C. 649

H. H. WALDRUP v. A. G. CARVER and the Estate of H. G. McKenzie, First National Bank & Trust Company, Trustee.

Supreme Court of North Carolina.

September 29, 1954.

Attorney(s) appearing for the Case

Cecil C. Jackson and L. C. Stoker, Asheville, for plaintiff appellant.

Williams & Williams, Asheville, for defendant appellees.

BARNHILL, Chief Justice.

If it was the duty of defendants to repair the grill work in the upper half of the door to the elevator shaft located on the first floor of their office building, we are unable to perceive that a breach of this duty constituted one of the proximate causes of the unfortunate mishap described in the complaint. The hole in the grill work was without capacity to cause injury to any one. While, perhaps, it created a continuous and continuing temptation...

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