Floyd v. Nash

There is no evidence in the record to show, or to support an inference, that the Power Company knew of the existence of the feed tank or had any notice that it would be constructed. It was built after the power line was constructed and in use. This distinguishes the present case from Essick v. Lexington, 233 N.C. 600, 65 S.E. 2d 220, and brings it within the rule of Philyaw v. Kinston, 246 N.C. 534, 98 S.E. 2d 791, insofar as negligence by the Power Company is concerned.

It is not negligence per se for a power company to run an uninsulated wire 19 feet above the ground along its right of way…