SWANEY v. PEDEN STEEL COMPANY

No. 523.

131 S.E.2d 601 (1963)

259 N.C. 531

Dewey C. SWANEY v. PEDEN STEEL COMPANY.

Supreme Court of North Carolina.

June 14, 1963.


Attorney(s) appearing for the Case

T. Lacy Williams, J. Ruffin Bailey, Raleigh, Miller and Beck, Asheboro, for defendant-appellant.

McLendon, Brim, Holderness & Brooks by Hubert Humphrey, Greensboro, Wilson & Clark, Monroe, for plaintiff-appellee.


SHARP, Justice.

Was the foregoing evidence sufficient to go to the jury on the alleged negligence of the defendant and, if so, does plaintiff's evidence establish his contributory negligence as a matter of law? These are the two questions for decision.

The defendant, as the designer and fabricator of the truss which collapsed during erection, was under the duty to exercise reasonable care not only to furnish a framework which would sustain the load it was...

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