Leonard v. Southern Power Co.
Supreme Court of North Carolina
Appeal from W. J. Adams, J., at tbe November Term, 1910, of DavidsoN. Tbe plaintiff sues to recover damages, alleging tbat tbe defendant entered upon ber land and erected steel towers and strung thereon wires conveying electricity at a high voltage, for tbe purpose of selling tbe same to operate factories and to furnish light.
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Appeal from W. J. Adams, J., at tbe November Term, 1910, of DavidsoN. Tbe plaintiff sues to recover damages, alleging tbat tbe defendant entered upon ber land and erected steel towers and strung thereon wires conveying electricity at a high voltage, for tbe purpose of selling tbe same to operate factories and to furnish light. Tbe defendant admitted these facts, but claimed tbat it was acting lawfully by reason of tbe provisions of tbe following paper, spoken of by tbe witnesses as tbe “blue paper,” which tbe plaintiff admitted she signed: “State oe Noeth CaROlina — County oe Davidson. “Know…
1Opinion of the Court
AlleN, J\,
after stating the case. "We are not disposed to modify the principle laid down in Dellinger v. Gillespie, 118 N. C., 737, and many other eases, that the law will not relieve one who can read and write from liability upon a written contract, upon the ground that he did not understand the purport of the writing, or that he has made an improvident contract, when he could inform himself and has not done so. “The law aids those who are vigilant, not those who sleep on their rights.”
This rule cannot be invoked, however, in behalf of one who induces sleep and lulls to security, nor does it…
2Cases cited7 opinions
- Phillips Walsh v. . Rufus D. HallSupreme Court of North Carolina · 1872
- Griffin v. Lumber Co.Supreme Court of North Carolina · 1906
- Dellinger v. . GillespieSupreme Court of North Carolina · 1896
- Byers v. SurgetSupreme Court of the United States · 1857
- Goddard v. KingSupreme Court of Minnesota · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Weaver v. Saint Joseph of the Pines, Inc.Court of Appeals of North Carolina · 2007
- Furst v. . MerrittSupreme Court of North Carolina · 1925
- W. R. Grace & Co. v. StricklandSupreme Court of North Carolina · 1924
- Colt v. . KimballSupreme Court of North Carolina · 1925
- King v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
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