Benton v. North Carolina Public-Service Corp.
Supreme Court of North Carolina
Appeal by defendant from Lane, J., at January Term, 1914, of Guilford. Civil action. These issues were submitted: 1. "Was tbe plaintiff’s intestate killed by tbe negligence of tbe defendant, as alleged in tbe complaint? Answer: Yes. 2. Wbat damage, if any, is plaintiff entitled to recover of tbe defendant? Answer: $2,000. From tbe judgment rendered, tbe defendant appealed.
1Opinion of the CourtBbowN, J.
All tbe evidence in tbis case was introduced by tbe plaintiff and none by tbe defendant. Tbe two exceptions to tbe evidence are without merit and need not be discussed. Without considering seriatim tbe several exceptions to tbe charge of tbe court, tbe merits of tbe appeal, and tbe only point presented by it, may be considered under tbe motion to nonsuit.
Tbe evidence tends to prove that tbe plaintiff’s son, 12 years old, and not well grown for bis age, was killed on 22 June, 1909, by coming in contact with an uninsulated high-power wire of tbe defendant, carrying some 2,300 volts of…
2Cases cited3 opinions
- Nelson v. Branford Lighting & Water Co.Supreme Court of Connecticut · 1903
- Consolidated Electric-light & Power Co. v. HealySupreme Court of Kansas · 1902
- Ferrell v. Dixie Cotton MillsSupreme Court of North Carolina · 1911
3Cited by39 opinions
- Alabama Power Company v. TaylorSupreme Court of Alabama · 1975
- Stark v. HoltzclawSupreme Court of Florida · 1925
- Shaw v. North Carolina Public-Service Corp.Supreme Court of North Carolina · 1915
- Small v. Southern Public Utilities Co.Supreme Court of North Carolina · 1931
- Chickering v. Lincoln County Power Co.Supreme Judicial Court of Maine · 1919
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