Sumner v. Asheville Telephone & Telegraph Co.
Supreme Court of North Carolina
Civil acttoN to recover damages for alleged negligence resulting in serious physical injuries, tried before Harding, J., and a jury, at June Term, 1916, of BuNCOmbe.
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Civil acttoN to recover damages for alleged negligence resulting in serious physical injuries, tried before Harding, J., and a jury, at June Term, 1916, of BuNCOmbe. There was evidence on the part of plaintiff tending to show that in August, 1915, the defendant, the Telephone and Telegraph Company, was putting up a line of poles and wires on Eighth Avenue in Hender-sonville, N. 0., and that plaintiff, an employee of said company, was engaged in attaching the cable to the messenger wire along said defendant’s poles and in close proximity to and, in places, touching the poles of its…
1Opinion of the Court
Hoke, J.,
after stating the case: We have carefully considered the record and exceptions and find no error therein which gives the telegraph and telephone company any just ground of complaint. The positions insisted on by the defendant were substantially'recognized and approved by the court either in the general charge or in response to prayers for instructions presented by defendant, except the motion that the case be nonsuited and the prayer that the judge charge the jury that, on the evidence, if believed, no liability should attach. But these exceptions could not be sustained in view of…
2Cases cited8 opinions
- Mobile Electric Co. v. SangesSupreme Court of Alabama · 1910
- Augusta Railway Co. v. AndrewsSupreme Court of Georgia · 1892
- Vassor v. RailroadSupreme Court of North Carolina · 1906
- Chesson v. . WalkerSupreme Court of North Carolina · 1908
- Raab v. Hudson River Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1910
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3Cited by2 opinions
- Seaboard Air-Line Railway v. VaughnCourt of Appeals of Georgia · 1917
- Turner v. . Lumber Co.Supreme Court of North Carolina · 1896