Legal Opinion · Dissent

Wooten v. Central Georgia Electric Membership Corp.

Court of Appeals of Georgia

Decided July 15, 1994No. A94A0541Published

1DissentMcMurray, Presiding Judge

I respectfully dissent as it is my view that the majority invades the province of the jury by concluding, as a matter of law, that Central Georgia Electric Membership Corporation (“Central Georgia”) “could not reasonably have expected Wooten to come into contact with its [high voltage power] wire.”

“ ‘It is elementary that one maintaining high tension lines must do so in such a manner and at such a location as not to injure persons who might be reasonably expected to come in contact with such lines. . . .’ Carden v. Ga. Power Co., 231 Ga. 456 (202 SE2d 55) (1973).” Three Notch EMC v. Bush, 190…

2Cases cited12 opinions

  1. Lau's Corp., Inc. v. HaskinsSupreme Court of Georgia · 1991
  2. Moore v. FOOD ASSOCIATES, INC.Court of Appeals of Georgia · 1993
  3. Howell Mill/Collier Associates v. Pennypacker's, Inc.Court of Appeals of Georgia · 1990
  4. Carden v. Georgia Power CompanySupreme Court of Georgia · 1973
  5. Collins v. Altamaha Electric Membership Corp.Court of Appeals of Georgia · 1979

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