Wellons v. . Sherrin

The instruction which the plaintiff assigns as error was patterned after the language of the majority opinion when the ease was here on demurrer of the landlord at the Spring Term, 1940, reported in 217 N. C., 534, 8 S. E. (2d), 820. There it was said:

“If the defendant Sherrin was in fact at the time participating in the maintenance of the pit or hole located on the premises of the defendants Sappenfield, and the plaintiff offers evidence tending to support the other allegations, then it is for the jury to say whether, in the exercise of ordinary care, it was his duty to provide protection by…