Clements v. Elizabeth City Light & Power Co.
Supreme Court of North Carolina
Appeal by plaintiff from Devin, J., at January Term, 1919, of Pas-QUOTANK. This is an action to recover damages for the wrongful death of the plaintiff’s intestate, caused, as the plaintiff alleges, by the negligence of the defendant, in that it failed to furnish the intestate reasonably safe tools and appliances with which to do his work, to wit, rubber gloves. 2. That it failed to furnish sufficient help for the work that was being done.
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Appeal by plaintiff from Devin, J., at January Term, 1919, of Pas-QUOTANK. This is an action to recover damages for the wrongful death of the plaintiff’s intestate, caused, as the plaintiff alleges, by the negligence of the defendant, in that it failed to furnish the intestate reasonably safe tools and appliances with which to do his work, to wit, rubber gloves. 2. That it failed to furnish sufficient help for the work that was being done. The evidence tended to prove that the plaintiff’s intestate was an experienced lineman and had been engaged in that work for several years; that at the…
1Opinion of the CourtAlleN, J.
The rule is well established that the duty imposed upon the employer to provide a reasonably safe place to work and reasonably safe tools and appliances is nondelegable (Mincey v. R. R., 161 N. C., 470), and so important and necessary do we regard this principle that we would not permit it to be modified or weakened by contract between the employer and employee requiring the employee to furnish his own tools and appliances.
Indeed, if this should be allowed the rule could be easily abrogated, and the employer would be afforded the opportunity to contract against his own negligence.
We would…
2Cases cited3 opinions
- Mincey v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1913
- Covington v. . Furniture Co.Supreme Court of North Carolina · 1905
- Mace v. Carolina Mineral Co.Supreme Court of North Carolina · 1915
3Cited by4 opinions
- Deaton v. . Elon CollegeSupreme Court of North Carolina · 1946
- Deaton v. Board of Trustees of Elon CollegeSupreme Court of North Carolina · 1946
- Jeanette Bros. v. Hovey & Co.Supreme Court of North Carolina · 1922
- MacE v. . Mineral Co.Supreme Court of North Carolina · 1915