Opinion

Murphy v. . City of Charlotte

  • 174 N.C. 771
  • 94 S.E. 850
  • 1917 N.C. LEXIS 195
Court
Supreme Court of North Carolina
Filed
Nov 28, 1917
Status
Published
On the bench
PER CURIAM.
Cited by
1 cases
Authority
More cited than 46.3%

The opinion

Per Curiam.

The deceased was employed by the Water Commissioners in patching gutters on the pumping station. While so engaged he came in contact with the electric current of the Southern Power Company’s wires that supply the motive power of the station and was killed. These wires pass over the roof and enter the main building of the station and are supported by stanchions some 4 feet and 9 inches in height and carry a very heavy current, some 40,000 volts.

■ (1) There is no evidence of a failure to perform any duty that either defendant owed plaintiff’s intestate. ■ .

(2) The defendants offered no evidence. Plaintiff’s evidence makes out a clear case of contributory negligence. The intestate was instructed to patch only the gutters, warned not to get near the wires, and told to move his ladder around to the west gutter after finishing the middle gutter, and thus avoid the wires. If he had heeded instructions he would not have been injured.

Affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.