Tobias v. Carolina Power & Light Co.

The opinion of the Court was delivered by

Mr. Justice Fishburne.

By this appeal we are asked to reverse the judgment of the lower Court which overruled a demurrer interposed by the appellant to- the complaint.

Respondent brought action for the recovery of damages alleged to have been sustained by him on the night of January 22, 1938, when he was struck by an automobile while walking on a public highway near the Town of Darlington, which threw him against the exposed guy wires of an electric light pole installed and maintained by the appellant near the center of the highway, resulting in injury…