Mitchell v. Charleston Light & Power Co.
Supreme Court of South Carolina
Before Gary, J., Charleston, November, 1894. Action by John S. Mitchell against Charleston Bight and Power Company, for damages for injuries sustained by him in coming in contact with one of defendant’s live wires lying broken on the street.
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Before Gary, J., Charleston, November, 1894. Action by John S. Mitchell against Charleston Bight and Power Company, for damages for injuries sustained by him in coming in contact with one of defendant’s live wires lying broken on the street. Commenced January 29,1894. The defendant requested the Judge to charge as follows: 1. The law does not require impossibilities of any person, natural or artificial, nor does it require that the defendant should have ready for service at every moment .and at every point of exposure, an adequate force to overcome a sudden fracture of wire or any other like…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
The appellant is a corporation engaged in generating and furnishing electricity in the city of Charleston, S. C., for the purpose of illumination and motive power. On the 16th of December, 1893, during the prevalence of a violent wind storm, one of the electric wires of the defendant, fully charged with electricity, broke, and the two severed ends rested on the ground in one of the thoroughfares of the city. The defendant’s testimony tended to show that the wire broke about 2 o’clock, while the testimony of the plaintiff tended to show…
2Cases cited1 opinion
- District of Columbia v. WoodburySupreme Court of the United States · 1890
3Cited by19 opinions
- Hebert v. Lake Charles Ice, Light & Waterworks Co.Supreme Court of Louisiana · 1903
- Boyd v. Portland Electric Co.Oregon Supreme Court · 1901
- Bourke v. Butte Electric & Power Co.Montana Supreme Court · 1905
- Hill v. Carolina Power & Light Co.Supreme Court of South Carolina · 1943
- Weeks v. Carolina Power & Light Co.Supreme Court of South Carolina · 1930
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