Legal Opinion

Gurley v. Southern Power Co.

Supreme Court of North Carolina

Decided December 19, 1916Published

Appeal at February Term, 1916, of Gutlfobd, from Cline, J., upon these issues: 1. Was the death of the plaintiff’s intestate caused by the negligence of the defendants, as alleged in the complaint? Answer: “Yes; both of them.” 2. What damage, if any, is plaintiff entitled to recover of defendant? Answer: “$10,000.” From the judgment rendered, defendants appealed.

1Opinion of the CourtBrown, J.

This is an action by the administratrix of Samuel Shropshire, a boy of 13 or 14, who was drowned in a tank at a substation of the Southern Power Company at High Point. In this substation there is a reservoir, the walls of which are made of cement, which tank is 30 feet long, 35 feet wide, and 11 feet deep. The sides are straight down, very slick, and with moss on them. A wire ran along the top of the walls of the bank, about 10 inches above it, fastened to iron rods extending out of the cement wall. Another wire extended from side to side about the center of the tank. This tank is about 15…

2Cases cited23 opinions

  1. Peters v. BowmanCalifornia Supreme Court · 1896
  2. Daniel v. RailroadSupreme Court of North Carolina · 1904
  3. Linville v. . NissenSupreme Court of North Carolina · 1913
  4. Savannah, Florida & Western Railway Co. v. BeaversSupreme Court of Georgia · 1901
  5. Klix v. NiemanWisconsin Supreme Court · 1887

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