Dennis v. City of Albemarle

When the evidence is considered in the light most favorable to plaintiff, the case presented was one for submission to the jury. Hence, defendant’s assignments of error, based on the denial of its motions for judgment of nonsuit, are overruled.

The facts as to the purpose and location of the power line are stated above. Plaintiff’s evidence tends to show that the height of the wires, over the church road, was nine feet, nine inches.

In some states, the minimum height at which wires may be placed, or permitted to remain, above any traveled portion of a highway, is fixed by statute. Eaton v.…