O'BRIANT v. LEE'S WELDING & STEEL SERVICE INC.

No. 7314SC294.

198 S.E.2d 92 (1973)

19 N.C. App. 13

J. L. O'BRIANT, doing business as J. L. O'Briant Construction Company v. LEE'S WELDING & STEEL SERVICE INC., et al.

Court of Appeals of North Carolina.

July 25, 1973.


Attorney(s) appearing for the Case

Charles Darsie, Durham, for plaintiff appellee.

Powe, Porter, Alphin & Whichard, P. A., by J. G. Billings, Durham, for defendant appellants.


HEDRICK, Judge.

Defendants assign as error the failure of the trial court to submit an issue of contributory negligence to the jury based on "(1) . . . Plaintiff's failure to inspect and clean the equipment in question prior to the beginning of the welding operation and (2) . . . failure of Plaintiff's employee to stand as a fire-watch while the welding was being conducted."

A specialist employed to overhaul and repair machinery on the owner's premises in...

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