Dellinger v. . Building Co.

The defendants were engaged in putting up a building for a furniture manufacturing company in Morganton. The plaintiff's intestate was one of the employees. He and seven or eight other men used a derrick in raising and placing heavy pieces of timber in the walls of the building. They had raised and put in position between 75 and 100 pieces, and when the plaintiff's intestate was "riding" one of the timbers the derrick gave way, the timber fell and the intestate was thrown to the ground and injured. He died within a few hours. The plaintiff alleged that the defendants were negligent in the…