Temple v. McComb City Electric Light & Power Co.
Mississippi Supreme Court
From the circuit court of Pike county. Hon. Moyse II. Wilkinson, Judge. Templé, the appellant, an infant suing by his next friend, was plaintiff in the court below; the electric light and power company, the appellee, was defendant there. From a judgment sustaining a demurrer to the declaration and dismissing the suit the plaintiff appealed to the supreme court.
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From the circuit court of Pike county. Hon. Moyse II. Wilkinson, Judge. Templé, the appellant, an infant suing by his next friend, was plaintiff in the court below; the electric light and power company, the appellee, was defendant there. From a judgment sustaining a demurrer to the declaration and dismissing the suit the plaintiff appealed to the supreme court. The plaintiff, a child ten years of age, sued for damáges for injuries alleged to have been received by coming in contact with a live wire of defendant. The 'declaration alleged that the defendant, in transmitting electricity, which it…
1Opinion of the Court
Whitfield, C. J.,
delivered the' opinion of the court.
The citizens of a municipality have the right to the reasonable use of the streets, not only on their surface, but above their surface. Many uses of the streets, or the spaces above the streets, may be readily imagined in cities, where buildings are erected twenty to fifty stories high, that might not be available in an ordinary town. The corporations handling the dangerous' agency of electricity are bound, and justly bound, to the very highest measure of skill and care in dealing with these deadly agencies. The appellee had the right to…
2Cited by70 opinions
- Alabama Power Company v. TaylorSupreme Court of Alabama · 1975
- Baltimore Gas & Electric Co. v. FlippoCourt of Appeals of Maryland · 1998
- Braun v. . Buffalo General Electric Co.New York Court of Appeals · 1911
- Mississippi Power & Light Co. v. LumpkinMississippi Supreme Court · 1998
- Salt River Valley Water Users' Ass'n v. ComptonArizona Supreme Court · 1932
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