# Barkley v. South Atlantic Waste Co.

> Supreme Court of North Carolina · December 2, 1908 · 149 N.C. 287

URL: https://www.frixlaw.com/law-library/cases/3678095

## Case

- **Full name:** D. A. Barkley v. South Atlantic Waste Company.
- **Court:** Supreme Court of North Carolina
- **Decided:** December 2, 1908
- **Citations:** 149 N.C. 287; 62 S.E. 1073; 1908 N.C. LEXIS 345
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Pee
- **Judges:** Pee
- **Cited by:** 3 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/3678095

## Opinion text

Pee. Curiam.
As tlie learned counsel for tlie defendant were prevented by unavoidable delay, from favoring us with an argument, we liave given their carefully prepared brief, as well as the record, a very careful examination. There are no assignments of error presented in their brief relating to the rejection or admission of testimony. All the alleged errors pointed out and discussed relate to the charge of the court. To discuss them
seriatim
is unnecessary and would be simply in large measure repeating what has been said in the opinion of Mr. Justice Brown on the former hearing of the case. 147 N. C., 586 .
There is abundant evidence to show that Michael in his relation to plaintiff was not a fellow servant but a vice" principal, applying the test contended for by the defendant. But whether Michael was a fellow servant or not is not essential in the determination of this case.
We have held that “the defendant company owed to its employees, who were directed to work on this scaffold, the'
*288
duty to exorcise due care in selecting materials reasonably suitable and safe for its construction.” p. 587.
There is evidence that the defendant delegated the performance of this duty to Michael and, therefore, whatever place in its service Michael filled, the defendant is responsible for the manner in which he discharged this duty
Tanner v. Lumber Co.,
140 N. C., 475 , and cases cited in former opinion.
The law of this case was settled on the first appeal, and the questions now presented are almost exclusively of fact. We think his Honor correctly presented the matter to the jury in the light of our former opinion.
No error.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3678095. Public record. Not legal advice.