Supreme Court of North Carolina, 1937

Stanley Ex Rel. Stanley v. Town of Smithfield

Stanley Ex Rel. Stanley v. Town of Smithfield
Supreme Court of North Carolina · Decided March 17, 1937 · PER CURIAM.
190 S.E. 207; 211 N.C. 386; 1937 N.C. LEXIS 97 (South Eastern Reporter)

Stanley Ex Rel. Stanley v. Town of Smithfield

Opinion of the Court

Per Curiam.

The question involved: “Does the complaint state a cause of action wherein it is alleged that a minor boy eleven years old suffered serious bodily injury from an electric current coursing through' bis body, while at play, on a main well-traveled public highway, when be accidentally threw a small wire attached to an improvised spool across the uninsulated electric wires of the defendant whereon 2300 volts of electricity were being transmitted and approximately twenty-three feet above the surface of tbe giound?” We think not.

*387 The plaintiff cites many decisions in this State sustaining liability, but none go so far as the facts in the present cause. We think the court below correct in sustaining the demurrer of defendant. Parker v. R. R., 169 N. C., 68.

The judgment of the court below is

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.