Dunlap v. Carolina Power & Light Co.

Barnhill, J".

Tbe plaintiff does not allege, except by inference, that the plant of the defendant is operated in a negligent or careless manner. If the complaint be construed as alleging a- cause' of action based on negligence the same is not sustained by the evidence, for there is no evidence of any negligent operation by the defendant. Nor does the plaintiff allege any improper or negligent or unskillful design or construction of defendant’s plant, nor is there any allegation that defendant’s plant is in excess of the size and capacity of the stream. This limits our consideration to two…