Harton v. Forest City Telephone Co.
Supreme Court of North Carolina
Civil action, tried before Ward, J., and a jury, at Spring Term, 1907, of the Superior Court of Cleveland County. Action by plaintiff administrator for damages sustained by the death of his intestate, which, he avers, was caused by the negligence of the defendant corporation.
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Civil action, tried before Ward, J., and a jury, at Spring Term, 1907, of the Superior Court of Cleveland County. Action by plaintiff administrator for damages sustained by the death of his intestate, which, he avers, was caused by the negligence of the defendant corporation. It is alleged and admitted that defendant, pursuant to authority conferred by its charter, erected and, prior to 1 March, 1903, maintained a telephone line, consisting of poles and wires strung thereupon, along the public road from Forest City to Caxoleen, in the county of Rutherford. It was in evidence, without…
1Opinion of the Court
CoNNOR, L,
after stating the case: Before discussing the principal question involved in this appeal, it is important to note a difference, in an important respect, between the testimony certified to us in this and the former appeal (141 N. C., 455). In that appeal Alexander Mayes, a witness for plaintiff, after testifying in regard to the condition in which the pole was left by the overseer of the road, eight or ten days before the accident, says: “I told the lineman about the dangerous condition of the pole two or three days after we had worked the road. I told him it was the pole near…
2Cases cited4 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Harton v. . Telephone Co.Supreme Court of North Carolina · 1906
- Drum v. MillerSupreme Court of North Carolina · 1904
- Ramsbottom v. RailroadSupreme Court of North Carolina · 1905
3Cited by27 opinions
- Reeves v. . StaleySupreme Court of North Carolina · 1942
- Reeves v. StaleySupreme Court of North Carolina · 1942
- Balcum v. . JohnsonSupreme Court of North Carolina · 1919
- Terrell v. City of WashingtonSupreme Court of North Carolina · 1912
- Anderson v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1914
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