Clement v. Cannon Mills Co.

CONNOR, J. Plaintiff was ordered by bis foreman to tighten the nuts on the loom frames in defendant’s mill. He undertook to do this work with a wrench furnished him by his foreman for that purpose. The wrench slipped off one of the nuts. Plaintiff’s hand was caught by a belt and was injured. His arm was also injured. He alleges in his complaint that his injuries were caused by the negligence of defendant in failing to furnish him a safe place to work and proper tools with which to do the work required of him. There was no evidence tending to show that the wrench or the nut from which the wrench slipped was defective, or that the place at which plaintiff was at work was not reasonably safe. Plaintiff testified that the wrench slipped because the nut was not a standard nut. This, however, *44 was bis conclusion from tbe fact tbat tbe wrencb slipped from tbis nut, and bad not slipped from tbe other nuts wbicb be bad tightened. He did not see tbe nuts on tbe looms. He testified tbat tbe wrencb fitted tbe other nuts, but did not fit the nut from wbicb it slipped. Tbis testimony was not sufficient to show tbat defendant was negligent as alleged in tbe complaint. Tbe wrencb was a simple tool, and tbe operation of tightening tbe nuts on tbe looms was a simple operation. By tbe exercise of reasonable care, plaintiff could have ascertained before be pulled or pushed tbe wrench, whether or not it bad caught tbe nut. In tbe absence of evidence from wbicb tbe jury could have found tbat there was some defect in tbe wrencb or in tbe nut, or that tbe place at wbicb plaintiff was ordered to work was not reasonably safe, defendant is not liable for damages resulting from bis injuries. Martin v. Manufacturing Co., 128 N. C., 264, 38 S. E., 876. There was error in tbe refusal of defendant’s motion, at tbe close of all tbe evidence, for judgment as of nonsuit. Tbe judgment is Eeversed.