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JOHNSON v. GUY FRYE & SONS, INC.

No. 250.

116 S.E.2d 713 (1960)

253 N.C. 274

William Henry JOHNSON v. GUY FRYE & SONS, INC., Hickory, North Carolina, a corporation.

Supreme Court of North Carolina.

November 2, 1960.

Attorney(s) appearing for the Case

Myles Haynes, Henry L. Strickland, Kennedy, Covington, Lobdell & Hickman, Charlotte, for plaintiff appellant.

Helms, Mulliss, McMillan & Johnston, James B. McMillan, and Larry J. Dagenhart, Charlotte, for defendant appellee.

RODMAN, Justice.

Plaintiff's evidence is sufficient to permit a jury to find these facts: Defendant was, by contract with Tile Co., obligated to provide "hoist facilities" for elevating materials, the hoist to be used only in elevating materials, not persons. It was to be operated by regular employees of defendant. Tile Co.'s employees were not to operate it.

The hoist consisted of a wooden platform closed on two sides with the other two sides open. The building...

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