Legal Opinion

Potera v. City of Brookhaven

Mississippi Supreme Court

Decided March 15, 1909PublishedCited by 27 opinions

Prom the circuit court of Lincoln county. Hon. Moyse H. Wilkinson, Judge. Potera, appellant, by next friend, was plaintiff in the court below; the city of Brookhaven, appellee, was defendant there. Prom a judgment in defendant’s favor plaintiff appealed to the supreme court. The facts are stated in the opinion of the court and the specially concurring opinion.

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Prom the circuit court of Lincoln county. Hon. Moyse H. Wilkinson, Judge. Potera, appellant, by next friend, was plaintiff in the court below; the city of Brookhaven, appellee, was defendant there. Prom a judgment in defendant’s favor plaintiff appealed to the supreme court. The facts are stated in the opinion of the court and the specially concurring opinion. The suit was to recover damages for personal injuries sustained by plaintiff in coming into contact with an uninsulated wire charged with electricity. The case was submitted to the jury under numerous instructions. The second, third,…

1Opinion of the CourtSmith, J.

Appellee owned and operated an electric light plant, by means of which its streets were lighted. On the evening of March 8th, or the morning of March 9th, between the hours of eleven o’clock p. m. and four o’clock a. m., one of the lamps used in lighting the streets fell, and was lying in the street on the morning mentioned, when, at about six o’clock, appellant, a boy ten or twelve years old, came in contact .with one of the wires, which was then attached and conducting electricity to the lamp, and was injured in the head and hand, necessitating the amputation of the latter. Appellant…

2Cases cited2 opinions

  1. Temple v. McComb City Electric Light & Power Co.Mississippi Supreme Court · 1906
  2. Walter v. Baltimore Electric Co.Court of Appeals of Maryland · 1909

3Cited by27 opinions

  1. Belk v. RosamondMississippi Supreme Court · 1952
  2. Stark v. HoltzclawSupreme Court of Florida · 1925
  3. Mississippi Power & Light Company v. ShepardMississippi Supreme Court · 1973
  4. Alabama & Vicksburg Railway Co. v. GroomeMississippi Supreme Court · 1910
  5. Mickell v. StateMississippi Supreme Court · 1999

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