Merritt v. Tide Water Power Co.
Cases that cite this one
2 later published cases cite this decision.
- Kelly v. Duke Power Co. (4th Cir. 1938)
- Brady v. Standard Oil Co. (N.C. 1934)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Conceding, without deciding, the evidence is sufficient to warrant the inference that the fire originated from some defect in the electrical equipment (Turner v. Power Co., 154 N. C., 131, 69 S. E., 767, 32 L. R. A. (N. S.), 848; 9 R. C. L., 1196), nevertheless it also establishes the fact, contrary to the allegations of the complaint, that the defendant was under no duty to inspect or to maintain the lighting-equipment in the stockade in a safe condition. Small v. Utilities Co., 200 N. C., 719, 158 S. E., 385; 9 R. C. L., 1204. This differentiates the case from Collins v. Electric Co., 204 N. C., 320, 168 S. E., 500, cited and strongly relied upon by the plaintiff.
The action was properly dismissed as in case of nonsuit.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.