GILLIAM v. PROPST CONSTRUCTION COMPANY

No. 392.

123 S.E.2d 504 (1962)

256 N.C. 197

Sterling G. GILLIAM, Ancillary Administrator of Norma Ester Madak, Deceased, Plaintiff, v. PROPST CONSTRUCTION COMPANY, Defendant, and Michael Madak and David King, Additional Defendants.

Supreme Court of North Carolina.

January 12, 1962.


Attorney(s) appearing for the Case

Blackburn & Blackburn, Henderson, for plaintiff-appellant.

Perry & Kittrell, Henderson, for Propst Const. Co.


RODMAN, Justice.

Appellant assigns several errors, but the basic question is this: Does the evidence, viewed in the light most favorable to plaintiff, suffice to impose a duty on defendant to warn of the specific hazard complained of? Unless this question can be answered in the affirmative, the judgment must be affirmed.

Necessarily the answer requires a review of the evidence. Summarized, the evidence shows these...

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