Millar v. Town of Wilson

SCHENCK, J., joins in concurring opinion. Civil action in tort to recover damages for personal injuries.

The complaint, in part, alleges "That on or about the 2nd day of June, 1941, the defendant, through its proper officers and employees of one of its public utilities, to wit: The light and water plant, had dug a hole in one of the streets of said town for the purpose of installing water equipment, or repairing the same, or for some other purpose in connection with the operation of said public utilities, which hole it was necessary to guard by lights so as to give the public notice of its…