Supreme Court of North Carolina, 1951

Deese v. Carolina Power & Light Co.

Supreme Court of North Carolina · Decided November 28, 1951 · Johnson

67 S.E.2d 751; 234 N.C. 558; 1951 N.C. LEXIS 514 (South Eastern Reporter, Second Series)

Cases that cite this one

5 later published cases cite this decision.

Bogle v. Duke Power Co. (N.C. Ct. App. 1975)
Davis v. Carolina Power & Light Co. (N.C. 1953)
Brown v. Duke Power Co. (N.C. Ct. App. 1980)
Williams v. Carolina Power & Light Co. (N.C. 1979)
Lea v. Carolina Power and Light Company (N.C. 1957)

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

Per Curiam.

Tbe evidence disclosed no actionable negligence on the part of defendant. The death of plaintiff’s intestate evidently resulted from his own independent acts in felling the tree across defendant’s tap line and thereafter attempting to cut the tree top or bough in order to release the wire. This is a situation which, under the circumstances here presented, could not have been reasonably foreseen by the defendant. Parker v. R. R., 169 N.C. 68, 85 S.E. 33; Stanley v. Smithfield, 211 N.C. 386, 190 S.E. 207.

The judgment of nonsuit is

Affirmed.

JOHNSON, J., took no part in the consideration or decision of this case.

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