136 S.E. 117 | N.C. | 1926
This case was here before on appeal by defendant and a new trial awarded on account of error in the court below for failure to comply with C. S., 564. See
In the present appeal, assignments of error are in regard to erroneous admission of evidence. We think the evidence was not prejudicial, from the cross-examination and other evidence of similar import brought out and introduced by defendant, and the case of Cook v. Mebane,
Another contention of defendant is that the charge of the court below makes it the duty of the employer, in the exercise of ordinary care, to furnish the employee a safe place to work, and that this is error; that the place must be reasonably safe and not safe, we cannot so hold. The court charged as follows: "The court further charges it is the duty of the master to use reasonable care and prudence in providing a safe place for his servant to work, and reasonably safe tools and appliances with which to do and perform his work."
As to the degree of care that the employer owes his employee, we think the charge sustained by Riggs v. Mfg. Co.,
From a perusal of the record, we are of the opinion that the action was carefully tried by the court below and in law we can find
No error.