SPIVEY v. BABCOCK & WILCOX COMPANY

No. 195.

141 S.E.2d 808 (1965)

264 N.C. 387

Lonnie R. SPIVEY v. The BABCOCK & WILCOX COMPANY.

Supreme Court of North Carolina.

May 5, 1965.


Attorney(s) appearing for the Case

Aaron Goldberg, Wilmington, for plaintiff, appellant.

Marshall & Williams, Wilmington, for defendant, appellee.


SHARP, Justice.

Plaintiff, an employee of an independent contractor who had undertaken to install plumbing fixtures on defendant's premises, was an invitee of defendant. Pafford v. J. A. Jones Construction Co., 217 N.C. 730, 9 S.E.2d 408; 2 Harper & James, Torts § 27.12 at p. 1481 (1956 Ed.) Defendant's duty to plaintiff, therefore, was one of due care under all the circumstances. The general rule is stated in Deaton v. Board of Trustees of Elon College,...

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