{
  "id": 8655570,
  "name": "OSCAR CABLE v. KITCHEN LUMBER COMPANY",
  "name_abbreviation": "Cable v. Kitchen Lumber Co.",
  "decision_date": "1925-06-03",
  "docket_number": "",
  "first_page": "840",
  "last_page": "841",
  "citations": [
    {
      "type": "official",
      "cite": "189 N.C. 840"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "186 N. C., 746",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8654556
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/186/0746-01"
      ]
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    {
      "cite": "182 N. C., 296",
      "category": "reporters:state",
      "reporter": "N.C.",
      "opinion_index": 0
    },
    {
      "cite": "183 N. C., 830",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8659432
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/183/0830-01"
      ]
    },
    {
      "cite": "183 N. C., 455",
      "category": "reporters:state",
      "reporter": "N.C.",
      "opinion_index": 0
    },
    {
      "cite": "185 N. C., 612",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8657203
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/185/0612-01"
      ]
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  ],
  "analysis": {
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    "char_count": 2392,
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    "simhash": "1:ff466c38421ebc9b",
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  "last_updated": "2023-07-14T21:40:32.095485+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "OSCAR CABLE v. KITCHEN LUMBER COMPANY."
    ],
    "opinions": [
      {
        "text": "Pee Cubiam.\nDefendant assigns as error the following excerpt from the charge: \u201cThe court charges you as a matter of law that the duty devolves upon the defendant to furnish the plaintiff a reasonably safe place to work, reasonably safe machinery, appliances, and that they should be operated in a reasonably safe way.\u201d\nThis instruction is in direct conflict with what was said in Owen v. Lumber Co., 185 N. C., 612; Gaither v. Clement, 183 N. C., 455; Tritt v. Lumber Co., 183 N. C., 830; Smith v. R. R., 182 N. C., 296, and must be held for reversible error.\nSpeaking to the question in Murphy v. Lumber Co., 186 N. C., 746, it was said: \u201cIt is not the absolute duty of the master to provide for 'his servant a reasonably safe place to work and to furnish him reasonably safe appliances with which to execute the work assigned \u2014 such would practically render the master an insurer in every hazardous employment \u2014 but it is his duty to do these things in the exercise of ordinary care. Owen v. Lumber Co., supra. This limitation on the master\u2019s duty is not a mere play on words, nor a distinction without a difference, but it constitutes a substantial fact, or circumstance, affecting the rights of the parties. Tritt v. Lumber Co., supra.\u201d\nIt is conceded by the plaintiff that the exception to this instruction is well taken unless the error was cured in other portions of the charge. We do not find that it was so cured. A new trial must be awarded.\nNew trial.",
        "type": "majority",
        "author": "Pee Cubiam."
      }
    ],
    "attorneys": [
      "T. M. Jenkins for plaintiff.",
      "B. L. Phillips and, A. Hall Johnston for defendant."
    ],
    "corrections": "",
    "head_matter": "OSCAR CABLE v. KITCHEN LUMBER COMPANY.\n(Filed 3 June, 1925.)\nEmployer and Employee \u2014 Master and Servant \u2014 Safe Place to Work\u2014 Instructions \u2014 Appeal and Error.\nThe employer is required to furnish his employee a safe place to work, in this ease in the performance of his duties around a band saw, only in the exercise of ordinary care, and an instruction that it was his duty to do so is held, under the facts in this case as reversible error.\nAppeal by defendant from Finley, J., at March Term, 1925, of G-raham.\nCivil action to recover damages for an alleged negligent injury sustained by plaintiff, an employee of tbe defendant, on 22 April, 1924, while working as an \u201coff-bearer\u201d around a band saw in the lumber plant of the defendant company.\nFrom a verdict establishing liability, and judgment thereon, the defendant appeals, assigning errors.\nT. M. Jenkins for plaintiff.\nB. L. Phillips and, A. Hall Johnston for defendant."
  },
  "file_name": "0840-02",
  "first_page_order": 918,
  "last_page_order": 919
}