Harper v. Murray Construction Co.

We perceive no essential difference between the principle of law involved in this case and that announced in the case of Darden v. Lassiter, 198 N. C., 427. It was pointed out in the Darden case that a variety of circumstances and conditions might enter into the question as to whether the work of fine grading in the bottom of a ditch was “dangerous or otherwise.” Upon authority of the Darden case, we are constrained to hold that there was sufficient, evidence of negligence to be submitted to the jury.

Manifestly, the plaintiff ran the wrong way when the call of danger sounded, because he…