Swift v. Kelso Feed Co.

Counsel for appellee, the workman, insists this court should not consider subdivision (d) of G. S. 1935, 44-503, which states the exceptions under which the principal is not liable for injuries suffered by an employee of his contractor and under which a contractor, as principal, is not liable for injuries suffered by an employee of his subcontractor. Appellee contends the exception provision is raised for the first time by appellants in this court and that alleged errors not brought to the attention of the trial court cannot form the basis for review, citing Toops v. Atchison, T. & S. F. Rly.…