Cable v. Kitchen Lumber Co.

Pee Cubiam.

Defendant assigns as error the following excerpt from the charge: “The court charges you as a matter of law that the duty devolves upon the defendant to furnish the plaintiff a reasonably safe place to work, reasonably safe machinery, appliances, and that they should be operated in a reasonably safe way.”

This instruction is in direct conflict with what was said in Owen v. Lumber Co., 185 N. C., 612; Gaither v. Clement, 183 N. C., 455; Tritt v. Lumber Co., 183 N. C., 830; Smith v. R. R., 182 N. C., 296, and must be held for reversible error.

Speaking to the question in Murphy v.…