Marshall v. Interstate Telephone & Telegraph Co.
Supreme Court of North Carolina
' Appeal by defendants from Allen, J., at the September Term, 1920, of DURHAM. This is an action brought by the plaintiff, a minor, through his next friend, to recover damages for the loss of his arm and other injuries, resulting from the alleged negligence of the two defendants.
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' Appeal by defendants from Allen, J., at the September Term, 1920, of DURHAM. This is an action brought by the plaintiff, a minor, through his next friend, to recover damages for the loss of his arm and other injuries, resulting from the alleged negligence of the two defendants. The plaintiff offered evidence tending to prove the following facts: The plaintiff was nineteen years of age at the time of his injury in October, 1919. He was employed by the defendant, Interstate Tele-pbone and Telegraph Company, in 1918 as general utility boy or apprentice lineman, at $2 per day, and had been…
1DissentHoke, J.
I am unable to concur in the decision awarding a new trial on the ground stated in the opinion. There are facts in evidence tending to show that on 21 October, 1919, the defendants, the telephone and telegraph company and the traction company, had their poles and wires along Tickers Avenue, in the city of Durham, and at places and at the point of the occurrence these wires were strung upon the same poles; that the telephone company’s wires were in themselves harmless, but the wires of the traction company, two primary wires, each carried 2,300 voltage, and that while it was at times permitted…
2Cases cited11 opinions
- Britt v. Carolina Northern RailroadSupreme Court of North Carolina · 1908
- State v. . LeakSupreme Court of North Carolina · 1911
- Brewer v. RingSupreme Court of North Carolina · 1919
- State v. . StancillSupreme Court of North Carolina · 1919
- Renn v. . R. R.Supreme Court of North Carolina · 1915
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