{ "id": 8560179, "name": "SARAH K. HENRY, Administratrix of the Estate of WILLIE ROBERT HENRY, Deceased v. RAYMOND B. WHITE t/a WHITE POULTRY COMPANY", "name_abbreviation": "Henry v. White", "decision_date": "1963-04-17", "docket_number": "", "first_page": "283", "last_page": "284", "citations": [ { "type": "official", "cite": "259 N.C. 283" } ], "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": "31 A.L.R. 2d 1367", "category": "reporters:specialty", "reporter": "A.L.R. 2d", "opinion_index": 0 }, { "cite": "38 S.E. 2d 561", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "226 N.C. 433", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8620996 ], "opinion_index": 0, "case_paths": [ "/nc/226/0433-01" ] }, { "cite": "90 S.E. 2d 717", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "243 N.C. 292", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8624576 ], "opinion_index": 0, "case_paths": [ "/nc/243/0292-01" ] }, { "cite": "68 S.E. 2d 249", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "234 N.C. 587", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8624856 ], "opinion_index": 0, "case_paths": [ "/nc/234/0587-01" ] }, { "cite": "29 S.E. 2d 137", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "224 N.C. 11", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8594820 ], "opinion_index": 0, "case_paths": [ "/nc/224/0011-01" ] }, { "cite": "105 S.E. 2d 289", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "249 N.C. 102", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8608695 ], "opinion_index": 0, "case_paths": [ "/nc/249/0102-01" ] } ], "analysis": { "cardinality": 362, "char_count": 4779, "ocr_confidence": 0.531, "pagerank": { "raw": 1.4292197538457575e-07, "percentile": 0.6509279112411573 }, "sha256": "205aa891d8318ea94c3e5d6ffd6d19f1d6ec2737c8f3a614d123c7358ff1ce13", "simhash": "1:7f9346e3769d9dda", "word_count": 799 }, "last_updated": "2023-07-14T17:55:17.750134+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "SARAH K. HENRY, Administratrix of the Estate of WILLIE ROBERT HENRY, Deceased v. RAYMOND B. WHITE t/a WHITE POULTRY COMPANY." ], "opinions": [ { "text": "Per Curiam.\nThe evidence is sufficient to establish these facts: Refrigeration is necessary in the operation of defendant\u2019s business of processing poultry. Plaintiff\u2019s intestate, her husband, was at the time of and for several years prior to Ms death engaged in the refrigeration business. He designed a building to house and installed therein, according to his own design, defendant\u2019s refrigerating machinery consisting of two 'compressors driven by electric motors. The building was approximately 16 feet long and 5 or 6 feet wide. Each compressor was driven by 5 \u201cV\u201d belts connected to an overhead electric motor. The base of the compressor was about one and one-half feet from the wall of the building and the compressor itself came within a foot or less of the wall. There was no guard covering the pulleys, compressors, motors, or connecting \u201cV\u201d belts. The general and approved practice is to cover \u201cV\u201d belts and pulleys with a guard when a machine is located w-here employees or the public are apt to come in contact with the machine, but this custom does not exist where the machine is accessible only to qualified service and repair men. Defendant\u2019s employees were not permitted in the building housing the refrigerating machinery. Only defendant, his son, a business associate, and deceased were permitted to go in that building. Defendant was inexperienced in the maintenance of refrigerating machinery. Deceased had been engaged in that business for many years. He was not on defendant\u2019s payroll, but came when called to make whatever repairs or adjustments were needed. He fixed the amount owing for the service rendered. He used his own tools.\nOn the afternoon of 9 May 1958 deceased came to defendant\u2019s establishment in response to a call to make needed adjustments to the refrigerating machinery. He was alone. Some two or three hours later defendant found deceased unconscious on the floor housing the machinery. Deceased had a broken arm and collar bone. There were grease marks and bruises on his left arm. He had head injuries. The bodily marks indicated he had been caught in the \u201cV\u201d belts and thrown against the wall- or to the floor. He died 17 May without having recovered consciousness.\nThe evidence establishes the relationship of deceased to defendant as an independent contractor \u2014 not a servant or employee. Pressley v. Turner, 249 N.C. 102, 105 S.E. 2d 289; Hayes v. Elon College, 224 N.C. 11, 29 S.E. 2d 137.\nThe duty imposed on an employer to exercise care to provide a reasonably safe place for his employees to work, Muldrow v. Weinstein, 234 N.C. 587, 68 S.E. 2d 249, does not extend to- non-employee \u201ctrouble shooters,\" specialists in their field who respond to owner\u2019s call to service and repair a machine not operating properly. The owner must warn of 'hidden dangers known to the owner but unknown to the other. Petty v. Print Works, 243 N.C. 292, 90 S.E. 2d 717; Deaton v. Elon College, 226 N.C. 433, 38 S.E. 2d 561; Hammond v. El Dorado Springs, 31 A.L.R. 2d 1367.\nHere there is no suggestion of hidden or latent danger. The asserted defect was one that resulted from following the plans and specifications prepared by the deceased. His knowledge of the hazards was at least equal to if not greater than that of defendant. Plaintiff\u2019s evidence negatives her allegation that her husband\u2019s untimely death was in any manner attributable to the breach of a duty owing by defendant to deceased.\nThe judgment of nonsuit is\nAffirmed.", "type": "majority", "author": "Per Curiam." } ], "attorneys": [ "C. B. Deane, Jones & Jones, Taylor, Kitchin \u25a0& Taylor for plaintiff appellant.", "Pittman, Pittman & Pittman by William G. Pittman and Leathp Blount & Hinson by Robin L. Hinson for defendant appellee." ], "corrections": "", "head_matter": "SARAH K. HENRY, Administratrix of the Estate of WILLIE ROBERT HENRY, Deceased v. RAYMOND B. WHITE t/a WHITE POULTRY COMPANY.\n(Filed 17 April 1963.)\n1. Master and Servant \u00a7 3\u2014\nA specialist employed to overhaul and repair machinery on the owner\u2019s premises in the owner\u2019s absence and free of any supervision by the owner is an independent contractor.\n3. Master and Servant \u00a7 17\u2014\nThe owner employing a specialist to repair machinery on the owner\u2019s premises, free from control of the owner in the performance of the work, owes such specialist the duty to warn him of hidden dangers known to the owner and not known .to the specialist, but the owner is noit under duty to exercise care to provide a reasonably safe place for the specialist to work, the specialist being more cognizant of the dangers incident to the machinery than the owner himself.\nAppeal by plaintiff from Olive, J.., December 1962 Civil Term of RICHMOND.\nThis is an action to recover damages under the provisions of G.S. 28-173 and 174.\nDefendant\u2019s motion to nonsuit, made at the conclusion of plaintiff\u2019s evidence, was allowed. Plaintiff appealed.\nC. B. Deane, Jones & Jones, Taylor, Kitchin \u25a0& Taylor for plaintiff appellant.\nPittman, Pittman & Pittman by William G. Pittman and Leathp Blount & Hinson by Robin L. Hinson for defendant appellee." }, "file_name": "0283-01", "first_page_order": 327, "last_page_order": 328 }