# Allen v. Brown Bros. Lumber Co.

> Supreme Court of North Carolina · May 18, 1921 · 181 N.C. 505

URL: https://www.frixlaw.com/law-library/cases/3674621

## Case

- **Full name:** John Allen, Administrator v. Brown Brothers Lumber Company.
- **Court:** Supreme Court of North Carolina
- **Decided:** May 18, 1921
- **Citations:** 181 N.C. 505; 107 S.E. 310; 1921 N.C. LEXIS 129
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** PER CURIAM.
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3674621

## Opinion text

Pee Cubiam.
After a careful examination of the record we have discovered no evidence upon which the defendant may be held liable as for a negligent breach of duty.
A perusal of our decisions will show that in order for liability to attach, in a case of simple, ordinary, everyday employment and where
*506
the laborer is allowed to exercise bis own judgment as to bow tbe work should be done, it must appear, among other things, that the injury has resulted from some omission or defect which the employer is required to fulfill or remedy, in the proper and reasonable discharge of his duties, and that the omission or defect complained of and made the basis of the charge is of a kind from which some appreciable and substantial', injury might be expected to occur when tested by the standard of reasonable prudence and foresight.
Winborne v. Cooperage Co.,
178 N. C., 88 , and cases cited.
We
are unable to find any error in the judgment of nonsuit.
Affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3674621. Public record. Not legal advice.