Hall v. . Rhinehart

Brogden, J. The trial judge charged the jury as follows: (a) “The law of North Carolina requires the defendant, if they set up a mess hall of their own, to put it where those who work for them and eat at the mess hall would be reasonably safe from the operations of the company. (b)“If you find that the company failed to provide him with a reasonably safe place in which to do its work or to eat his meals and the evidence in this case satisfies you of that fact by its greater weight, you will answer that issue yes.” (c) “You will take into consideration, the law says, his age, his habits, his intellect, his general demeanor, his capacity for work and labor, what he might be expected to accumulate or save by reason thereof, and take out of that the cost of living, charges he would be put to, and in giving him a sum reaching through years, find out what it is all worth right here in Gastonia at about half past four o’clock on 24 September. That is what you are expected to do.” (d) “You will give him the present value of his expectancy. The law says he may live from thirty to thirty-two years — something like that.” The wisdom of the law has evolved certain standards of obligation and measures of liability to govern and control the conduct of men in their duties and obligations to each other. The foregoing instructions of the trial court fail to correctly apply the law, both as to negligence and as to damages. *687 Tbe last utterance of tbis Court on tbe subject is found in Lindsey v. Lumber Co., 190 N. C., 844, in an opinion by tbe Chief Justice. In tbe Lindsay case tbe instruction complained of was as follows: “In tbis connection tbe court charges you it is tbe duty of tbe defendant in a case of tbis kind to furnish a reasonably safe place for its employees to work and to furnish reasonably safe tools and equipment with which to work, and tbe failure to do that is negligence, and if you find tbis was so, and it was tbe proximate cause of plaintiff’s injury, it would be your duty to answer tbe first issue, yes.” Tbis instruction imposed upon tbe defendant a larger measure of duty than tbe law required, and tbis Court ordered a new trial. Tbe true rule is stated by Clarkson, J., in. Riggs v. Mfg. Co., 190 N. C., 258: “It is tbe duty of tbe master to use or exercise reasonable care, or use or exercise ordinary care to provide tbe servant a reasonably safe and suitable place in which to do bis work. Tbe master is not an insurer. Tbe failure to submit in a charge tbe qualification of tbis duty is error, and new trials have been frequently granted on account of tbe omission. It is a substantial right.” Cable v. Lumber Co., 189 N. C., 840; Murphy v. Lumber Co., 186 N. C., 746; Owen v. Lumber Co., 185 N. C., 612; Gaither v. Clement, 183 N. C., 450; Tritt v. Lumber Co., 183 N. C., 830. Tbe correct rule governing tbe measure of damages for personal injuries of tbe sort complained of, is discussed and determined in Ledford v. Lumber Co., 183 N. C., 616-17. Tbis rule is firmly imbedded in tbe law. Hill v. R. R., 180 N. C., 490; Johnson v. R. R., 163 N. C., 431; Fry v. R. R., 159 N. C., 362; Pickett v. R. R., 117 N. C., 616; Murphy v. Lumber Co., 186 N. C., 746. Tbe plaintiff, however, contends that tbe error specified is harmless for tbe reason that other portions of tbe charge of tbe trial judge tend to modify and explain tbe erroneous instructions given tbe jury. It is true that tbe charge should be considered contextually and not disjointedly and as a whole, and we have so considered and examined tbe charge in this case. Tbe inherent vice of tbe instruction given tbe jury, flows from tbe fact that tbe trial court was stating positive rules of law. Therefore, tbe following principle announced in Construction Co. v. Wright, 189 N. C., 456, applies: “Whenever tbe trial court attempts to state tbe rule of law applicable to tbe case, be should state it fully and not omit any essential part of it. Tbe omission of any material part is, necessarily, error of an affirmative or positive kind. Therefore, it may be taken advantage of on appeal, by an exception to tbe charge, without a special request for tbe omitted instruction.” For tbe reasons given, there must be a New trial.