Murphy v. Suncrest Lumber Co.

Defendant assigns as error the following excerpt from the charge: “Where the relationship of master and servant, employer and employee, is established, then the master or employer owes to the employee certain duties, to provide him with reasonably suitable tools and appliances with which to perform the work assigned, and likewise to provide him with a reasonably safe place in which to do the labor assigned.”

This instruction is in direct conflict with what was said in Owen v. Lbr. Co., 185 N. C., 612; Gaither v. Clement, 183 N. C., 455; Tritt v. Lbr. Co., 183 N. C., 830; Smith v. R. R., 182 N.…