North Carolina Electric Power Co. v. French Broad Manufacturing Co.
Supreme Court of North Carolina
Civil action, tried before Long, J., at August Term, 1920, of Buncombe, upon these issues: “1. Did the defendant negligently create a condition about its transformer bouse wbicb enabled the intestate, William Lanning, to come into contact with plaintiff’s wires, as alleged in the complaint? Answer: ¿Yes.’ “2. If so, was such negligence of defendant the primary cause of said William Lanning receiving injuries resulting in death, as alleged in the complaint? Answer: ‘Yes.’ “3.…
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Civil action, tried before Long, J., at August Term, 1920, of Buncombe, upon these issues: “1. Did the defendant negligently create a condition about its transformer bouse wbicb enabled the intestate, William Lanning, to come into contact with plaintiff’s wires, as alleged in the complaint? Answer: ¿Yes.’ “2. If so, was such negligence of defendant the primary cause of said William Lanning receiving injuries resulting in death, as alleged in the complaint? Answer: ‘Yes.’ “3. What damages, if any, is the plaintiff entitled to recover of the defendant on account of moneys paid out in the ease…
1Opinion of the CourtBboww, J.
This action was brought by the plaintiff for the purpose of recovering from the defendant the amount which the plaintiff had been compelled to pay out on account of a judgment previously rendered in the Superior Court of Buncombe County, North Carolina, in favor of J. S. Banning, administrator of William Banning, against the' plaintiff and the defendant, because of the alleged negligent killing of said William Banning by the negligence of the plaintiff and the defendant.
It appeared in evidence that on 14 May, 1917, William Banning, a boy about eleven years of age; was killed at a transformer…
2Cases cited12 opinions
- Union Stock Yards Co. v. Chicago, Burlington & Quincy RailroadSupreme Court of the United States · 1905
- Gray v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1873
- Boston Woven Hose & Rubber Co. v. KendallMassachusetts Supreme Judicial Court · 1901
- Boott Mills v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1914
- Glynn v. Central RailroadMassachusetts Supreme Judicial Court · 1900
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3Cited by15 opinions
- Hayes v. City of WilmingtonSupreme Court of North Carolina · 1956
- United States v. AcordCourt of Appeals for the Tenth Circuit · 1954
- Addy v. BoltonSupreme Court of South Carolina · 1971
- Public Service Elec. and Gas Co. v. WaldroupNew Jersey Superior Court Appellate Division · 1955
- Newsome v. SurrattSupreme Court of North Carolina · 1953
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