Presley v. CM Allen & Co.

66 S.E.2d 789 (1951)

234 N.C. 181

PRESLEY

v.

C. M. ALLEN & CO., Inc.

No. 24.

Supreme Court of North Carolina.

September 26, 1951.

R. E. Sentelle, W. R. Francis, Waynesville, and Geo. M. Pritchard, Asheville, for plaintiff, appellant.

Harkins, Van Winkle, Walton & Buck, Asheville, for defendant, appellee.

JOHNSON, Justice.

The plaintiff offered evidence tending to show that on and prior to 14 July, 1948, the defendant contractor was and had been engaged in excavating a ditch for the purpose of laying underground cables for the telephone company along Main Street at and near the junction of Adams Street…