O'Briant v. Lee's Welding & Steel Service, Inc.

HEDRICK, Judge.

Defendants assign as error the failure of the trial court to submit an issue of contributory negligence to the jury based on “(1) • . . Plaintiff’s failure to inspect and clean the equipment in question prior to the beginning of the welding operation and (2) . . . failure of Plaintiff’s employee to stand as a fire-watch while the welding was being conducted.”

A specialist employed to overhaul and repair machinery on the owner’s premises in the owner’s absence and free of any supervision by the owner is an independent contractor. Henry v. White, 259 N.C. 283, 130 S.E. 2d 412…