Lyles v. Carbonating Co.
Supreme Court of North Carolina
ActioN by Jarvis Lyles, Administrator, against Brannon Carbonating Co., for the alleged negligent killing of the plaintiff’s son, Charles Lyles, heard by Judge G. M. Goolce and a jury, at the October Term, 1905, of the Superior Court of Mecklenburg.
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ActioN by Jarvis Lyles, Administrator, against Brannon Carbonating Co., for the alleged negligent killing of the plaintiff’s son, Charles Lyles, heard by Judge G. M. Goolce and a jury, at the October Term, 1905, of the Superior Court of Mecklenburg. The following issue was submitted: “Was the death of the plaintiff’s intestate caused by the negligence of the defendant as alleged in the complaint ?” The jury answered it, '“no.” From a judgment dismissing the action, the plaintiff appealed.
1Opinion of the CourtBrown, J.
The evidence discloses that the plaintiff’s intestate was killed by the explosion of a soda water tank made of copper and lined with block tin, which was being charged with gas at the bottling works of the defendant in Charlotte. The tank did not belong to the defendant, but bad been borrowed by it on the same day, and an hour or so before the explosion, from the Charlotte Drug Co., of which W. M. Wilson was the president, the loan having been made by said Wilson. No negligence is alleged in the complaint as to the manner of charging the tank or in respect to the actions of the servants of…
2Cases cited2 opinions
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- Colorado Springs & Interurban Railway Co. v. ReeseSupreme Court of Colorado · 1917
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