Legal Opinion

Mitchell v. Raleigh Electric Co.

Supreme Court of North Carolina

Decided October 29, 1901PublishedCited by 42 opinions

ActioN by Sallie Mitchell, administratrix of James Mitchell, against the Raleigh Electric Company, heard by Judge II. B. Starbuch and a jury, at April Term, 1901, of the Superior Court of Ware County. This action was brought to recover against defendant company damages on account of the alleged negligent killing of intestate.

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ActioN by Sallie Mitchell, administratrix of James Mitchell, against the Raleigh Electric Company, heard by Judge II. B. Starbuch and a jury, at April Term, 1901, of the Superior Court of Ware County. This action was brought to recover against defendant company damages on account of the alleged negligent killing of intestate. It was alleged that intestate, while at work upon the line of the Bell Telephone Company in stringing a wire upon its line across and over defendant company’s wires, the wire being strung by intestate came in contact with the wire of defendant company at a point at which…

1Opinion of the Court

Oooic, I.

(after stating the case). TKe plaintiff was clearly entitled, to have the instructions hereinafter discussed and prayed for, given to the jury, if not in the exact language, certainly in substance, which does not appear in the charge as given.

The defendant company was engaged in the business of manufacturing, producing, leasing and selling light made from the use of electricity, which is the most deadly and dangerous power recognized as a necessary agency in developing our civilization and promoting our comfort and business affairs. It differs' from all other dangerous utilities. Its…

2Cases cited5 opinions

  1. Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
  2. Hayes v. Michigan Central RailroadSupreme Court of the United States · 1884
  3. Clements v. Louisiana Electric Light Co.Supreme Court of Louisiana · 1892
  4. Newark Electric Light & Power Co. v. GardenCourt of Appeals for the Third Circuit · 1896
  5. Tobey v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1895

3Cited by42 opinions

  1. Martin v. Des Moines Edison Light Co.Supreme Court of Iowa · 1906
  2. Hebert v. Lake Charles Ice, Light & Waterworks Co.Supreme Court of Louisiana · 1903
  3. Musolf v. Duluth Edison Electric Co.Supreme Court of Minnesota · 1909
  4. Fisher v. New Bern.Supreme Court of North Carolina · 1906
  5. Shawnee Light & Power Co. v. SearsSupreme Court of Oklahoma · 1908

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