166 N.C. 218 | N.C. | 1914
The motion to nonsuit was properly overruled. The evidence tends to prove that the plaintiff’s intestate was
The work was being done under the management of one Stowe, who, about three hours before the eave-in, ordered the plaintiff’s intestate to work at that place. The evidence shows that Stowe was in and out of the pit all the time, and knew of the conditions.
It is a fair inference from the evidence that Stowe took no precautions to prevent a cave-in before the supporting bank of dirt was removed. It was the duty of Stowe to take such precautions as the situation permitted, so as to prevent injury to his subordinates when the bank of dirt at the base of the pit was removed; ordinary prudence dictated it.
Upon the second issue his Honor charged: “A servant assumes all the risks and dangers incident to his employment. He does not assume a risk or danger growing out of the master’s negligence. Whatever -is necessary to be done in the work in which the servant is engaged is incident to the servant’s employment, and whatever risk or danger attaches to it, or necessarily grows out of it, he assumes.”
This is in accord with the decisions of this Court.
Upon a review of the record, we find
No error.