Legal Opinion

Swaney v. Peden Steel Company

Supreme Court of North Carolina

Decided June 14, 1963No. 523PublishedCited by 31 opinions

1Opinion of the CourtSharp, J.

Was the foregoing evidence sufficient to go to the jury on the alleged negligence of the defendant and, if so, does plaintiff’s evidence establish his contributory negligence as a matter of law? These are the two questions for decision.

The defendant, as the designer and fabricator of the truss which collapsed during erection, was under the duty -to exercise reasonable care not only to furnish a framework which would sustain the load it was intended to carry after erection, but which would also withstand the ordinary stresses to which it would be subjected during erection by methods reasonably…

2Cases cited41 opinions

  1. Ryan v. Feeney & Sheehan Building Co.New York Court of Appeals · 1924
  2. Womble v. . Grocery Co.Supreme Court of North Carolina · 1904
  3. Lutz Industries, Inc. v. Dixie Home StoresSupreme Court of North Carolina · 1955
  4. Cooke v. Baltimore Traction Co.Court of Appeals of Maryland · 1895
  5. Lerette v. Director General of RailroadsIllinois Supreme Court · 1922

36 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Pullen v. NickensSupreme Court of Virginia · 1983
  2. Frericks v. General Motors Corp.Court of Appeals of Maryland · 1976
  3. Brown v. Clark Equipment Co.Hawaii Supreme Court · 1980
  4. Vonasek v. Hirsch and Stevens, Inc.Wisconsin Supreme Court · 1974
  5. Johnston v. United StatesDistrict Court, D. Kansas · 1984

26 more not listed; retrieve them via the Exa API.

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