Ferrell v. Dixie Cotton Mills
Supreme Court of North Carolina
Appeal from Lyon, J., at May Term, 1911, of Iredell. This action was brought by the plaintiff to recover damages for the death of his son, which is alleged to have been caused by the negligence of the defendant. The intestate of plaintiff, his 6-year-old son, was tilled by an electric shock received from a loose' guy wire, suspended from a pole on which was struifg the wires supplying defendant with power to run its cotton mill.
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Appeal from Lyon, J., at May Term, 1911, of Iredell. This action was brought by the plaintiff to recover damages for the death of his son, which is alleged to have been caused by the negligence of the defendant. The intestate of plaintiff, his 6-year-old son, was tilled by an electric shock received from a loose' guy wire, suspended from a pole on which was struifg the wires supplying defendant with power to run its cotton mill. This pole was on defendant’s property and belonged to it. The guy wire was attached to the top of the pole, and fastened at the other end to a piece of timber in the…
1Opinion of the CourtWalesb, J.
The negligence charged against the defendant’ is the maintaining by it of a highly dangerous and deadly condition and instrumentality on premises which were uninclosed, and which were in an attractive place to children, and on which defendant knew, or by the exercise of reasonable care ought to have known, that small children were accustomed to play. There was ample evidence to sustain this allegation. The contention of the appellant is that the child was a trespasser, to whom it owed no duty except to refrain from willfully injuring it. If the injury had been to a person of such mature age…
2Cases cited24 opinions
- Powers v. HarlowMichigan Supreme Court · 1884
- Dobbins v. Missouri, Kansas & Texas Railway Co.Texas Supreme Court · 1897
- Haynes v. Kaleigh Gas Co.Supreme Court of North Carolina · 1894
- Brown v. Salt Lake CityUtah Supreme Court · 1908
- Price v. Atchison Water Co.Supreme Court of Kansas · 1897
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3Cited by27 opinions
- Benton v. North Carolina Public-Service Corp.Supreme Court of North Carolina · 1914
- Barnett v. MillsSupreme Court of North Carolina · 1914
- Fry v. Southern Public Utilities Co.Supreme Court of North Carolina · 1922
- Campbell v. . LaundrySupreme Court of North Carolina · 1925
- Campbell v. Model Steam LaundrySupreme Court of North Carolina · 1925
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