Sayles v. . Loftis

The allegations of the complaint set forth a cause of action. In the case of Riggs v. Mfg. Co., 190 N. C., 256, where a workman was injured by the falling of a tree without notice, this Court said: “The warning must not only be given, but it must be a timely warning— proper warning. Such reasonable time so that workmen can avoid injury.”

Article 16 of the complaint is as follows: “That as said tree fell it struck plaintiff’s intestate with great force and killed him. Article 16 of the answer is as follows: “The defendant admits that as the tree accidentally fell in a totally unforeseeable…