Godfrey v. Western Carolina Power Co.

Tbe foundation of legal liability for tbe creation or maintenance of a nuisance is ordinarily not so mucb tbe degree of care tbat is used as tbe degree of danger tbat exists even witb tbe best of care, while tbe ground of civil liability for negligence is injury to person or property when sucb injury is not tbe result of premeditation and formed intention. 20 R. C. L., 6. It is not essential to a disposition of tbe exceptions to decide wbetber tbe complaint should be regarded as based on one or both these grounds, for tbe theory adopted on tbe trial was tbe defendants’ negligent failure to…