# Murphy v. . City of Charlotte

> Supreme Court of North Carolina · November 28, 1917 · 174 N.C. 771

URL: https://www.frixlaw.com/law-library/cases/3677749

## Case

- **Full name:** Mrs. E. MURPHY, Admx., Etc., v. THE CITY OF CHARLOTTE, BOARD OF WATER COMMISSIONERS OF CHARLOTTE, SOUTHERN POWER COMPANY, Et Al.
- **Court:** Supreme Court of North Carolina
- **Decided:** November 28, 1917
- **Citations:** 174 N.C. 771; 94 S.E. 850; 1917 N.C. LEXIS 195
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** PER CURIAM.
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3677749

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3677749. Public record. Not legal advice.