Hannon v. Southern Power Co.
Supreme Court of North Carolina
Appeal by defendant from Cline, J., at March Term, 1917, of GastoN. This action was begun in Gaston against the Southern Power Company and the town of Kings Mountain as joint defendants, to recover damages for'the wrongful death of plaintiff’s intestate, which occurred from coming in contact with a live wire. Tlie Southern Power Company is a nonresident of this State and the town of Kings Mountain is a municipal corporation located in Cleveland.
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Appeal by defendant from Cline, J., at March Term, 1917, of GastoN. This action was begun in Gaston against the Southern Power Company and the town of Kings Mountain as joint defendants, to recover damages for'the wrongful death of plaintiff’s intestate, which occurred from coming in contact with a live wire. Tlie Southern Power Company is a nonresident of this State and the town of Kings Mountain is a municipal corporation located in Cleveland. The plaintiff qualified as administrator of his intestate, who was a resident in territory which at his death lay in Gaston, but “at the commencement…
1Opinion of the Court
Or,auk, O. J.
The death of the plaintiff’s intestate, 16 August, 1916, was caused by contact with a live wire in that part of the town of Kings Mountain which at that time lay in the county of Gaston, but when this action was instituted on 6 February, 1917, the Legislature had changed the county line so that all the town lay in Cleveland. The question of venue is governed by the locus “at the commencement of the action.”
Revisal, 424.
Letters of administration should be 'taken out in the county where the deceased was domiciled at the time of his death. Revisal, 16 (1). We are inclined to think…
2Cases cited3 opinions
- Cecil v. City of High PointSupreme Court of North Carolina · 1914
- Whitford v. North State Life InsuranceSupreme Court of North Carolina · 1911
- Smith v. . PattersonSupreme Court of North Carolina · 1912
3Cited by10 opinions
- Godfrey v. Tidewater Power Co.Supreme Court of North Carolina · 1943
- Latham v. . LathamSupreme Court of North Carolina · 1919
- Godfrey v. Tidewater Power Co.Supreme Court of North Carolina · 1944
- Johnson v. . SmithSupreme Court of North Carolina · 1939
- Young v. . DavisSupreme Court of North Carolina · 1921
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