Reaves v. Catawba Manufacturing & Electric Power Co.

At the close of plaintiff’s evidence the defendant made a motion for judgment as in case of nonsuit. C. S., 567. The court below granted motion and in this we can see no error. The interesting-question arises on the record: What duty does the defendant owe to this volunteer boy 13 years of age? The general rule is thus laid down in Cooley on Torts, 4th Ed., Yol. 3, section 386, pp. 47 and 48: “One who voluntarily assists a servant at the latter’s request does not, as a general rule, become a servant of tbe master so as to impose upon tbe latter, tbe duties and liabilities of a master towards…