Terrell v. City of Washington
Supreme Court of North Carolina
Appeal from Cline, J., at October Term, 1911, of Beaufort. Tbis action was brought to recover damages for injuries alleged to have been caused by the defendant’s negligence. Plaintiff was employed by the defendant as a lineman, in con-HectioH with the operation of its electric lighting plant, and on the day of his injury he was directed by his foreman to climb one of the poles for the purpose of repairing or removing one of the wires attached thereto.
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Appeal from Cline, J., at October Term, 1911, of Beaufort. Tbis action was brought to recover damages for injuries alleged to have been caused by the defendant’s negligence. Plaintiff was employed by the defendant as a lineman, in con-HectioH with the operation of its electric lighting plant, and on the day of his injury he was directed by his foreman to climb one of the poles for the purpose of repairing or removing one of the wires attached thereto. In order to perform his work it was necessary for the defendant to wear spurs or spikes on his feet, and to fasten himself with his belt to the…
1Opinion of the Court
"WALKER, J.,
after stating the ease: The court, in addition to the instructions we have taken from the charge, told the jury that if the defendant set a pole in the ground which was unsound or unfit for use, or the defectiveness of which it could have ascertained at the time by the exercise of ordinary care, and also failed to brace or guy the pole, if the jury found that persons qf ordinary prudence used the guy or brace under such circumstances, they would answer the first issue, as to the defendant’s negligence, in the affirmative, provided they also *288found that the pole fell with the…
2Cases cited22 opinions
- Reining v. . City of Buffalo, Etc.New York Court of Appeals · 1886
- Curry v. . City of BuffaloNew York Court of Appeals · 1892
- Born v. City of SpokaneWashington Supreme Court · 1902
- Walden v. . City of JamestownNew York Court of Appeals · 1904
- Cotton v. North Carolina R. R. Co.Supreme Court of North Carolina · 1908
17 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Rhodes v. City of AshevilleSupreme Court of North Carolina · 1949
- McKinney v. City of High PointSupreme Court of North Carolina · 1953
- Randolph v. City of SpringfieldSupreme Court of Missouri · 1923
- Henderson v. . WilmingtonSupreme Court of North Carolina · 1926
- State Ex Rel. East Lenoir Sanitary District v. City of LenoirSupreme Court of North Carolina · 1958
30 more not listed; retrieve them via the Exa API.